LB 

£529 

Ht 1 LAWS 



NEW HAMPSHIRE 



RELATING TO 



COMMON SCHOOLS, 



FORMS OF PROCEEDING AND DECISIONS. 



REVISED EDITION. 



CONCORD: 

PUBLISHED 13 T J. B. SANBORN. 

1892. 




Class_UL2^52 Cj 
Book__Jl4£_ 



lSc\x 



LAWS 



NEW HAMPSHIRE 



RELATING TO 



COMMON SCHOOLS, 



FORMS OF PROCEEDING AND DECISIONS. 



REVISED EDITION. 



CONCORD: 
PUBLISHED BY J. B. SANBORN, 

1892. 



■N-13 
1 S.C] %> 



Printed by 

The Republican Press Association, 

Concord, N. H. 






5) 

J 



NOTE. 

This is a revision of the compilation of school laws 
made by Hon. Nathan P. Hunt in 1886. It was rendered 
necessary by the material changes in the laws made by 
the Public Statutes. s. 

January, 1892. 



CONTENTS. 



CHAPTER 
CHAPTER 
CHAPTER 

districts. 
CHAPTER 
CHAPTER 

Officers. 
CHAPTER 
CHAPTER 



I. — School- money. 

II. — School-districts. 

III. — Meetings and 



Officers of School- 



IV. — School-houses. 
V. — School Board, Teachers, and Truant 

VI.— Scholars. 
VII. — Superintendent of Public Instruction. 



CHAPTER VIII.— Normal School. 



CHAPTER I. 



SCHOOL-MONEY. 



schqol taxes. 

Section 

1. School tax, amount and assess- 

ment of. 

2. Town may raise additional 

money. 

3. School-money, how appropriated. 

4. How assigned to districts. 

5. Ward's tax, where assigned. 

6. Neglect to assess, assign, etc.; 

penalty. 

7. Neglect to apply according to 
law; penalty. 

8. District may raise additional 

money. 



literary fund. 

Section 

9. Literary fund, what so termed. 

10. How distributed to towns, etc., 

annually. 

11. Unincorporated places, when to 

receive. 

12. Literary fund, how expended. 

13. Misapplication of; penalty. 

DOG TAX. RAILROAD TAX. 

14. What part of dog tax applied to 

support of schools. 

15. Railroad tax. 



SCHOOL TAXES. 

assessment. The selectmen in each 



§ 1. Amount and 
town shall assess, annually, upon the polls and ratable estate 



6 SCHOOL-MONEY. 

taxable therein, a sum to be computed at the rate of three 
hundred and fifty dollars for every dollar of the public 
taxes apportioned to such town, and so for a greater or less 
sum.— P. S., c. 88, § 1, p. 249. 

The selectmen are bound to assess the amount required bj T law, whether the 
town votes to raise it or not.— Tucker v. Aiken, 7 N. H. 128. 

When the town fails to act, the selectmen are bound to make their assess- 
ment, and commit the same to the collector seasonably. They should also 
require him to collect and pay over the money within a reasonable time. Hav- 
ing- done this in good faith, it has never been the understanding in this state 
that it was their duty to borrow money on the credit of the town for school 
purposes, or to pervert trust funds to such use, or to so appropriate the funds 
of the town raised or collected for other, or even for general, purposes. 

§ 2. Town may raise additional money. The town may 
raise a sum exceeding the amount aforesaid, which shall be 
assessed in the same manner. — P. S., c. 88, § 2, p. 249. 

Where " the vote not having in terms appropriated any particular sum for 
schools, any portion of it intended for that purpose must be taken to be in 
addition to the sum the selectmen were required to assess."— Tucker v. Aiken, 

7 N. H. 129. 

No money shall be raised or appropriated at any special town-meeting, 
except by vote by ballot, nor unless the ballots cast at such meeting shall be 
equal in number to at least one half of the number of legal voters borne on the 
check-list of the town at the annual or biennial election next preceding such 
special meeting, and such check-list may be used at such meeting upon the re- 
quest of ten legal voters of the town.— P. S., c. 40, § 4, p. 144. 

§ 3. How appropriated. The sums so raised shall be 
appropriated to the sole purpose of maintaining public 
schools within the town for teaching reading, writing, 
English grammar, arithmetic, geography, and such other 
branches as are adapted to the advancement of the schools, 
including the purchase of fuel and other supplies, the mak- 
ing of occasional repairs upon school-houses, appurtenances, 
and furniture, and the conveyance of scholars to and from 
school as provided by law. — P. S., c. 88, § 3, p. 249. 

§ 4. How assigned. The selectmen shall assign to each 
district a proportion of such money, according to the valua- 
tion of the district for the year, or in such other manner as 
the town, at the annual meeting, shall direct, and shall pay 
over the same to the school board of the district. — P. S., 
c. 88, § 4, p. 250. 



SCHOOL-MONEY. i 

The power of selectmen to apportion school-money among the several 
school-districts is a continuing power, to be exercised from time to time, when- 
ever it may be necessary from changes made in the district, in order to give 
to each district the benefit of the tax paid bv its members.— School District v. 
Sanborn, 25 N. H. 34. 

The selectmen, after the money has been paid to the school board, have no 
legal interest, and can maintain no action for it or in reference to it. School 
District v. Sherburne, 48 N. H. 56. 

The selectmen should draw an order upon the town treasurer for the amount 
of money belonging to the district, as all disbursements of town money must 
be made by the treasurer in accordance with the following provisions: 

The selectmen shall pay all sums of money received by them in behalf of 
the town to the town treasurer immediately after receipt, and state to him from 
whom and for what received. They shall* draw orders upon the treasurer for 
the payment of all accounts and claims against the town allowed by them, and 
take proper vouchers therefor. They shall keep a fair and correct account of 
all moneys received, all accounts and claims settled, and all orders drawn 
by them, and of all their other financial transactions in behalf of the town.— 
P. S., c. 43, § 7, p. 151. See also School District v. Morrill, 59 N. H. 367. 

§ 5. Ward's tax. When a guardian and ward reside in 
trie same town, the selectmen shall assign the tax assessed 
upon the ward's personal property to the school-district in 
which the ward lives and has his home. — P. S., c. 88, § 5, 
p. 250. 

§ 6. Neglect of selectmen to assess— penalty. If the 
selectmen of any town neglect to assess, assign, or pay over 
the school-money as aforesaid, they shall pay for each 
neglect a sum equal to that so neglected to be assessed, 
assigned, or paid over, to be recovered by action of debt, in 
the name and for the use of the district, by the school 
board.— P. S., c. 88, § 6, p. 250. 

This provision applies to school-money raised by taxation. The selectmen 
are bound to assess the amount required by law, whether the town votes to 
raise it or not. 

Every board of selectmen that neglects to assess, assign, and pay over, is 
liable, under this provision; but the supreme court have decided that the 
phrase "pay over," in connection with the provisions of P. S., c. 43, § 7, p. 150, 
ante, means " draw an order in writing on the treasurer." — School District v. 
Morrill, 59 N. H. 367. 

§ 7. Misapplication— penalty. Tf the money so assigned 
and paid over to the school board of any district is not 
expended by them according to law, they shall be fined not 
exceeding twice the sum so unexpended, or not legally ex- 
pended, for the use of the district. — P. S., c. 88, § 7, p. 250. 

If the school board receive the money assigned to the district for the sup- 
port of schools, and neglect to appropriate it to that use, the district, after their 
term of office has expired, niay recover the money of them in an action for 
money had and received.— School District v. Sherburne, 48 N. H. 52. 



o SCHOOL-MONEY. 

The criminal prosecution is not intended as a remedy for the district to 
enforce their rights. The law does not leave it to the option of the school- 
district whether the money assigned to them shall be applied to the support of 
schools. It is a matter of general public concern; and the design of the crim- 
inal prosecution is, not to take from school-districts the right to recover their 
money from the delinquent board by the ordinary legal remedy, but to compel 
school-districts and school boards to appropriate the monev raised for that 
purpose to the support of schools, in accordance with the policy of the law 
which imposes the duty of providing instruction in the public schools, whether 
the districts desire it or not.— lb. 

4SP- No court has yet held that this money can be used to pay counsel fees 
in the suits brought to recover, or in the prosecution of criminal proceed- 
ings, or to pay other debts of the district. 

§ 8. District may raise additional money. Any district 
may raise money for the support of schools in addition to 
the sum required by law, which shall be assessed, collected, 
and paid over to the district as other school taxes. — P. S., 
c. 88, § 8, p. 250. 

For any error of law or fact in the assessment, for which a person is entitled 
to relief, he has a remedy by appeal, mandamus, or other direct proceeding, 
aimed at the correction or reversal of The assessment; and for such an error he 
cannot maintain an action for damages against selectmen who acted in good 
faith. Selectmen are not liable for assessing a tax in pursuance of an uncon- 
stitutional act of the legislature, or an illegal vote of the town.— Edes v. Board- 
man, 58 N. H. 580. 

The doctrine of Edes v. Boardman applies to the assessment and collection 
of taxes for school-district purposes. — Locke v. Pittsfield, 63 N. H. 122. 

It is not the duty or right of selectmen to inquire into the legality of the 
vote of a school-district to raise monev; but they should assess the tax, and a 
mandamus lies to enforce performance of that duty. — School District v. Carr, 
63 N. H. 201, overruling Rogers v. Bowen, 42 N. H. 102. 

LITERARY FUND. 

§ 9. What so termed. All taxes collected by the state 
upon the deposits, stock, and attending accumulations of 
depositors and stockholders of savings-banks, trust com- 
panies, loan and trust companies, loan and banking com- 
panies, building and loan associations, and other similar 
corporations, who do not reside in this state, or whose resi 
dence is unknown, shall be known as the " literary fund." 
—P. S., c. 88, § 9, p. 250. 

§ 10. How assigned. The state treasurer shall assign 
and distribute, in November of each year, the literary fund 
among the towns and places in proportion to the number of 
scholars not less than five years of age, who shall, by the last 
reports of the school boards returned to the superintendent 
of public instruction, appear to have attended the public 



SCHOOL-MONEY. 9 

schools in such towns and places not less that two weeks 
within that year.— P. S., c. 88, § 10, p. 250. 

§11. Unincorporated places. No unincorporated place 
shall receive its portion until a treasurer or school agent 
shall have been chosen to receive and appropriate the same 
as required by law. — P. S., c. 88, § 11, p. 250. 

§ 12. How applied. The portion of the literary fund so 
received by any town or place shall be assigned to the dis- 
tricts as other school-money, and shall be applied to the 
maintenance of the public schools during the current year ; 
one fifth part thereof may be applied by the school board to 
the purchase of blackboards, dictionaries, maps, charts, and 
school apparatus. — P. 8., c. 88, § 12, p. 250. 

§ 13. Misapplication. If any town or incorporated place, 
or the agent .of any unincorporated place, shall apply any 
money so received to any other purpose, the town, place, or 
agent so offending shall refund to the state treasury double 
the sum so misapplied. — P. S., c. 88, § 13, p. 251. 



§ 14. Dog tax. All money arising from the taxation and 
licensing of dogs, remaining in the treasury of any town or 
city on the first day of April, annually, which is not due to 
holders of orders given for loss of or damage to domestic 
animals by dogs, shall be applied to the support of the 
public schools, and shall be assigned to the districts as other 
school-money.— P. S., c. 88, § 14, p. 251. 

§ 15. Railroad tax. The state treasurer shall pay to each 
town its proportion of each railroad tax, whenever the same 
shall have been paid to him, to be appropriated as other 
town money.— P. S., c. 64, § 15, p. 202. 

Under the provisions of this section towns may apply the whole or a part 
of the railroad money received from the state to the support of common 
schools. 

1* 



10 



SCHOOL-DISTRICTS. 



CHAPTER II. 



SCHOOL-DISTRICTS. 



districts and their powers. 

Section 

1. Each town a school-district. 

2. When presumed to be legally 

organized; powers of. 

3. May raise money, for what pur- 

poses. 

4. May hire money, how much; and 

when payable. 

5. Selectmen to assess tax to pay 

same, when. 

ASSESSMENT AND COLLECTION OF TAXES. 



Persons and property, where 

taxed. 
New invoice made, when. 
Non-resident taxes assessed after 

July 1, when and how collected. 



11. 



12. 



HIGH SCHOOLS, ETC. 

Districts may have high schools. 

Adjoining districts may contract 
to maintain schools jointly. 

Districts may contract with acad- 
emies, etc., to furnish instruc- 
tion to scholars. 

Non-resident scholars, how ad- 
mitted to schools. 



Section 
13. Joint districts, how to share in 
school-money. 

SPECIAL DISTRICTS, HOW DISSOLVED. 



14 



and united to 



How dissolved 
town district. 

15. Town district to take possession 

of school property in such case. 

16. Rights of property, how equal- 

ized. 

17. Selectmen to apportion property 

among parts of dissolved dis- 
tricts in two or more towns. 

Referee to be appointed in case 
selectmen fail to apportion. 

Notice in such case, before ap- 
pointment of referee. 

20. Such notice, how served. 

21. Referee to give notice of hearing. 

22. Tax to adjust apportionment, how 

assessed. 

23. Town district to take property 

and assess tax in relation there- 
to. 

Dissolved districts to continue, 
for what purposes. 

Income of trust funds, how used. 

Meetings of dissolved districts. 

Preservation of district records. 



18 



19 



24 



25 



27 



DISTRICTS AND THEIR POWERS. 

§ 1. What constitutes. Each town shall constitute a 
single district for school purposes, provided, however, that 
districts organized under special acts of the legislature may 
retain their present organization. — P. S., c. 89, § 1, p. 251. 

§ 2. Presumed to be legally organized when ;— powers of. 
School-districts that have exercised the privileges of a dis- 
trict for a year shall be presumed to be legally organized ; 
and all districts legally organized shall be corporations, with 
power to sue and be sued, to hold and dispose of real and 
personal property for the use of the schools therein, and to 
make necessary contracts relating thereto. — P. S., c. 89, 
§ 2, p. 252. 



SCHOOL-DISTRICTS. 11 

School-districts, being enabled by law to sue and be sued, have the power 
to appoint and to instruct agents to prosecute and defend, and may lawfully 
instruct them to withdraw defences and confess judgment.— Deniston v. School- 
District, 17 N. H. 492. 

They have the powers expresslj- granted them, and such implied powers as 
are necessary to perform their duties", and no more.— Bell, J., in Harris v. School 
District, 28 N. H. 62. 

A school-district can hold lands in trust for the support of schools, but not 
for the support of the ministry.— Chapin v. School District, 35 N. H. 445. 

Tax-payers are not parties to the suits of districts, nor bound by a judg- 
ment therein, and may proceed in equity to set aside a judgment, if collusive, 
or to be protected against it, if it be likely to be made the instrument of injus- 
tice and oppression towards them. — Woods, J., in Barr v. Deniston, 19 N. H. 180. 

§ 3. School-districts may raise money for what purposes. 
School districts may raise money to procure land for school- 
honse lots, and for the enlargement of existing lots ; to 
build, purchase, rent, repair, or remove school-houses and 
outbuildings ; to procure insurance ; to plant and care for 
shade and ornamental trees upon school-house lots ; to pro- 
vide suitable furniture, books, maps, charts, apparatus, and 
conveniences for schools; and to pay debts. — P. S., c. 89, 
§ 3, p. 252. 

A school-district meeting cannot act excepting upon articles distinctly 
stated in the warrant.— Holbrook v. Faulkner, 55 N. H. 311. 

The vote can be reconsidered (and at an adjourned meeting), and if recon- 
sidered before the assessment, and the selectmen be certified of the fact, they 
have no power to assess the tax.— Mitchell v. Brown, 18 N. H. 315. 

When such a vote is reconsidered or rescinded, the clerk ought at once to 
certify the facts to the selectmen. 

Fees of county commissioners for services are deemed debts.— P. S., c. 91, § 10, 
p. 259 ; c. 4, § 10, post. 

Whenever the district votes to raise money for any of the above purposes, 
it should elect a financial agent with full powers to act for the district. If pre- 
ferred, the school board may be authorized to act as the financial agent of the 
district. 

The article in the warrant may be, — 

To see what sum or sums of money the district will raise, by taxa- 
tion or otherwise, to procure land for. school-house lot, and for the 
enlargement of existing lot; to build, purchase, rent, repair, or remove 
school-house and outbuildings; to procure insurance; to plant and 
care for shade and ornamental trees upon school-house lot; to provide 
suitable furniture, books, charts, apparatus, and conveniences for 
schools; to pay debts, and to choose all necessary committees and 
agents therefor. 

The vote should set forth, specifically and distinctly, the will of the 
district. 

§ 4. May hire money— how much, when payable. School- 
districts may hire money for building school-houses, not 



12 SCHOOL-DISTRICTS. 

exceeding four fifths of the cost thereof, which shall be 
payable within five years, in equal proportions, with the 
interest.— P. S., c. 89, § 4, p. 252. 

The form of a note of a district may be, — 

,18 • 

For value received, the school-district of the town of 

promise to pay C D or order dollars, cents 

with interest annually. 

School-district of the town of , by its committee duly 

authorized. 

E. F. 

Gr. H. 

I. J. 

A person taking a note in this form should satisfy himself of the legality of 
the proceedings of the district. 

Where an agent assumes to bind another by a promissory note when he has 
no authority to do so, and his language, stripped of what he had no right to 
place there, imparts a promise by him personally, he is himself bound as a 
promisor.— Weare v. Gove, 44 N. H. 196. 

§ 5. Tax to pay for money hired. The selectmen, upon 
application of the creditor and receipt of copies of the vote 
and note of the district, may, in each annual tax, assess 
upon the district one fifth of such debt and the interest, and 
shall cause the same to be collected and paid to the town 
treasurer, and shall give an order upon the treasurer to the 
creditor for the amounts collected. — P. S., c. 89, § 5, p. 252. 

TAXES, ASSESSMENT AND COLLECTION. 

§ 6. Persons and property, where taxed. In the assess- 
ment of school-district taxes, every person shall be taxed in 
the district in which he lives for his poll and his personal 
estate subject to taxation in town. Ileal estate shall be 
taxed in the district in which it is situated. — P. S., c. 89, 
§ 6, p. 252. 

§7. New invoice made, when. The selectmen may make 
a new invoice of all the property in the district when neces- 
sary for the just assessment of such taxes. — P. S., c. 89, 
§ 7, p. 252. 



SCHOOL-DISTKICTS. 13 

The selectmen are not bound to make a new invoice for tire assessment of 
school-district taxes when changes in the ownership of property within the 
district occurred between the taking of the annual invoice, on the* first day of 
April, and the making- of the assessment; but they may assess the tax upon the 
April invoice.— Rogers v. Bowen 42 N. H., 102. 

§ 8. Non-resident taxes assessed after July 1, when and 
how collected. If such taxes are assessed after the first day 
of July in any year upon the property of non-residents, the 
collector shall send to the owners of said property, or to 
their agents if known, a bill of their taxes within two 
months after the delivery of the list to him, and shall, at 
the expiration of four months after such delivery, advertise 
and sell the property on which the taxes have not been paid 
in the same manner as if such taxes had been assessed in 
April preceding.— P. S., c. 89, § 8, p. 252. 

HIGH SCHOOLS, ETC. 

§ 9. Districts may have. Any school-district may, by 
vote or by-law, establish and maintain a high school in 
which the higher English branches of education and the 
Latin, Greek, and modern languages may be taught. — P. S., 
c. 89, § 9, p. 252. 

The article in the warrant for the district meeting may be, — 

To see if said district will establish a high school. 

And the record of the vote may be, — 

Upon the article in the warrant it was, on motion of A B, 

voted to establish a high school in this district, forty having voted in 
the affirmative and ten in the negative, a majority of the legal voters 
of said district at said meeting having voted in the affirmative. 

§ 10. Adjoining districts may maintain schools jointly. 
Two or more adjoining districts in the same or different 
towns may make contracts with each other for establishing 
and maintaining jointly a high or other public school for 
the benefit of their scholars, and may raise and appropriate 
money to carry the contracts into effect; and their school 
boards, acting jointly or otherwise, shall have such author- 



14 SCHOOL-DISTRICTS. 

ity and perform such duties in relation to schools so main- 
tained as may be provided for in the contracts. — P. S., 
c. 89, § 10, p. 252. 

§ 11. Districts may contract with academies, etc. Any 
school-district may contract with an academy, seminary, or 
other literary institution located within its limits or in its 
immediate vicinity, for furnishing instruction to its schol- 
ars ; and the school-money may be used to carry the 
contract into effect. — P. S., c. 89, § 11, p. 253. 

§ 12. Non-resident scholars. Each district may deter- 
mine upon what terms scholars from other districts or towns 
may be admitted into its schools. If the district neglects to 
make such determination, the school board may do it. — P. 
S., c. 89, § 12, p. 253. 

A temporary residence, merely for the purpose of attending school, gives 
no right to attend against the will of the district.— School-District v. Bragdon, 
23 N. H. 516, see c. 6, § 1, post. 

§ 13. Joint districts, how to share in school-money. 
Every district situate in two or more towns shall be enti- 
tled to its just proportion of school taxes, income of school 
funds, literary fund, and dog tax in each town, according to 
the valuation of polls and property taxable therein. — P. S., 
§ c. 89, § 13, p. 253. 

SPECIAL DISTRICTS, HOW DISSOLVED. 

§ 14. How dissolved and united to town district. Any 
school-district organized under a special act of the legis- 
lature may, by a majority vote of the qualified voters pres- 
ent and voting at a legal meeting, dissolve its corporate 
existence, and unite with the town district. — P. S., c. 89, 
14, p. 253. 

§ 15. Town districts to take possession of school property. 
In such case, the town district, so formed, shall forthwith 



SCHOOL-DISTRICTS. 15 

take possession of the school-houses, lands, apparatus, and 
other property owned and used for school purposes by the 
district so dissolved which the district might lawfully sell 
or convey.— P. S., c. 89, § 15, p. 253. 

§ 16. Rights of property, how equalized. The property 
so taken, and also like property of the district to which the 
special district is united, shall be appraised by the selectmen 
of the town, and at the next annual assessment a tax shall 
be levied upon the whole town-district equal to the amount 
of the whole appraisal ; and there shall be remitted to the 
tax-payers of each district the appraised value of its prop- 
erty.— P. S., c. 89, § 16, p. 253. 

§ 17. Selectmen to apportion property when dissolved 
district is in two or more towns. If a district so dissolved is 
formed of parts of two or more towns, an equitable appor- 
tionment of its assets and liabilities between such parts 
shall be made by the selectmen of the towns in which they 
are situate, acting as a joint board, within sixty days after 
the dissolution.— P. S., c. 89, § 17, p. 253. 

§ 18. Referee appointed when. If such joint board fail to 
make an apportionment within the time limited therefor, 
any tax-payer within the district may apply by petition to a 
judge of the supreme court for the appointment of a referee 
to make the apportionment. — P. S., c. 89, § 18, p. 253. 

§ 19. Notice before appointment of referee. The judge 
shall appoint a time and place of hearing upon the petition, 
and order notice thereof to be given to all parties interested, 
and after hearing them he shall appoint a referee. — P. S., c. 
89, § 19, p. 253. 

§ 20. Notice served how. The notice shall be served by 
posting copies of the petition and order thereon in at least 



16 SCHOOL-DISTRICTS. 

two public places in each of said parts, and by giving to the 
clerk of the dissolved district, and the clerk of each town 
district in which any part thereof is located, like copies ten 
days at least before the day of hearing. — P. S., c. 89, § 20, 
p. 253. 

§ 21. Referee to give notice of hearing. The referee shall 
cause notice of his hearing to be given to all parties inter- 
ested, in the same manner as is provided in the preceding 
section. He shall hear the parties, make his report in 
writing, and file a copy thereof with the clerk of the dis- 
solved district and the clerk of each town interested ; and 
the report, so made and filed, shall be final, — P. S., c. 89, 
§ 21, p. 254. 

§ 22. Tax to adjust apportionment, how assessed. Upon 
receiving a copy of the apportionment, the selectmen shall 
assess upon that part of the district within their town the 
amount for which it is charged, and cause the same to be 
collected and paid to the town district in which the creditor 
part of the dissolved district is situated. — P. S., c. 89, § 22, 
p. 254. 

§ 23. Town district to take property and assess tax in 
relation thereto. The town district shall take the property 
and assets of that part of the dissolved district which is 
situate in such town district, and the selectmen of the town 
shall assess and remit taxes with reference to the property 
so taken, and like property of the town district, the same as 
in other cases.— P. S., c. 89, § 23, p. 254. 

§ 24. Dissolved districts to continue, for what purposes. 
The corporate powers of a district shall continue for the 
purpose of settling up its affairs, and of holding, managing, 
and enjoying any property held by it in trust, notwithstand- 



SCHOOL-DISTRICTS. 17 

ing its dissolution ; but the school board of the district of 
which it forms a part shall be its agents to expend the 
income of any such trust property that is devoted to the 

support of schools.— P. S., c. 89, § 24, p. 254. 

§ 25. Income of trust fund, how used. The school board 
shall first give to such district or districts such term or 
character of schooling as would be just and reasonable if no 
such fund were in existence, and only use the income to 
lengthen the school or schools, or to carry out the purposes 
of the trust under which the funds are held. — P. S., c. 89, 
§ 35, p. 254. 

§26. Meetings of dissolved districts. Any justice of the 
peace may, upon application of three or more voters resident 
within the limits of the dissolved district, call a meeting 
thereof in the same manner as other school-district meetings 
are called, at which a moderator, clerk, and agents may be 
chosen and any other business transacted for the purposes 
mentioned in section twenty-four of this chapter. — P. S., 
c. 89, § 26, p. 254. 

§ 27. Preservation of district records. The records of 
dissolved school districts whose corporate existence is not 
continued for any purpose shall be returned by the clerks 
of such districts to the town-clerk's office for preservation 
with the public records of the town. — P. S., c. 89, § 27, p. 
254. 



18 



MEETINGS AND OFFICERS. 



CHAPTER III. 



MEETINGS AND OFFICERS OF SCHOOL-DISTRICTS. 



school meetings. 
Section 

1. Annual meetings, when holden. 

2. Special meetings, when holden. 

3. Meetings, where held. 

4. Warrants, by whom issued and 

what to contain. 

5. Warrants to contain notice of 

special subjects, when. 

6. When and where to be posted. 

7. May be issued by a justice of the 

peace, when. 

8. To be returned to the clerk and 

be recorded. 



VOTERS, CHECK-LIST, ETC. 

9. Voters, who are. 

10. Check-list to be used, when. 

11. Illegal voting, how punished. 

12. Officers, what. 



officers and their duties. 
Section 

13. Districts which maintain high 

school may increase member- 
ship of their school boards. 

14. Eligibility to office. 

15. Officers, how chosen ; to be sworn. 

16. Tenure of office. 

17. Moderator's powers and duties. 

18. Clerk's duties. 

19. Clerk to report names, etc., of 

school board to town-clerk, 

when ; penalty for neglect. 
Treasurer to give bond. 
Treasurer's duties. 
Auditor's duties. 
Vacancies in district offices, how 

filled. 
District may elect or appoint 

superintendent of schools, etc. 



SCHOOL MEETINGS. 

§ 1. Annual meetings, when holden. A meeting of every 
school-district shall be holden annually between the first 
day of March and the twentieth day of April, inclusive, for 
the choice of district officers and the transaction of other 
district business. — P. S., c. 90, § 1, p. 255. 

§ 2. Special meetings, when holden. A special meeting 
of a school-district shall be holden whenever in the opinion 
of the school board there is occasion therefor, or whenever 
ten or more voters, or one sixth of the voters of the district, 
shall have made written application to the school board 
therefor, setting forth the subject-matter upon which action 
is desired.— P. S., c. 90, § 2, p. 255. 

§ 3. Meetings, where held. School-district meetings may 
be held at the usual place where town-meetings of the town 
are held, or at such other suitable place as in the opinion 
of the officers calling the meeting will best accommodate the 
voters.— P. S., c. 90, § 3, p. 255. 



MEETINGS AND OFFICERS. 19 

§ 4. Warrants, by whom issued and what to contain. 
They shall be warned by the school board, or, in cases 
authorized by law, by a justice of the peace, by warrant 
addressed to the inhabitants of the district qualified to vote 
in district affairs, stating the time and place of the meeting 
and the subject-matter of the business to be acted upon. — 
P. S., c. 90, § 4, p. 255. 

A school-district meeting cannot act excepting upon articles distinctly 
stated in the warrant.— Holbrook v. Faulkner, 55 N. H. 311. 

§ 5. Warrants to contain notice of special subjects, when. 
The officers issuing a warrant for a district meeting shall 
insert therein any subject-matter for which application has 
been made to them in writing by ten or more voters, or by 
one sixth of the voters of the district. — P. S., c. 90, § 5, 
p. 255. 

§ 6. When and where to be posted. The school board or 
justice issuing a warrant shall cause an attested copy of it 
to be posted at the place of the meeting, and a like copy at 
one other public place in the district, fourteen days before 
the day of meeting. — P. S., c. 90, § 6, p. 255. 

There must be fourteen days between the day of posting and the day of 
meeting. 

When time is to be reckoned from a day, date, act done, or the time of 
an act done, either by force of law, or by virtue of a contract made since 
the twenty-third day of December, eighteen hundred and forty-two, such day, 
date, or the day when such act is done, shall not be included in the computation. 
—P. S., c. 2, § 34, p. 51. 

Inns are public places.— Tidd v. Smith, 3 N. H. 178. 

A meeting-house is prima facie a public place for posting notices.— Scam- 
mon v. Scammon, 28 N. H. 419. 

A shoemaker's shop in Deerfield was held not to be a " public place."— Tidd 
v. Smith, 3 N. H. 178. 

Practically it is generally supposed to mean a tavern, store, or other place 
where people are in the habit of resorting for the transaction of business.— Par- 
ker, C. J., Wells v. Burbank, 17 N. H. 411. 

The term public as applied to place is not an absolute but a relative term, 
and, as used in the statute, means nothing more than a place relatively and 
comparatively public,— at all events, not essentially and peculiarly less public 
than other places in the same town, if there be no place of common resort. — 
Stanley, J., Calhoun v. Coe, 57 N. H. 595. 

In towns and places where no post-office, tavern, house of public worship, 
or other place usually regarded as a public place, exists, the words " public 
place" must be construed to mean such places as, in comparison with other 
places in the same town, are the places where the inhabitants and others most 
frequently meet or resort, or have occasion to be, so that a notice posted there 
would, for that reason, be likely to meet public view and attract observation. — 
Russell v. Dyer, 40 N. H. 173; same case, 43 N. H. 396. 



20 MEETINGS AND OFFICERS. 

§ 7. May be issued by justice of the peace, when. If the 
school board does not cause a warrant for the annual meet- 
ing to be posted on or before the second Tuesday of March 
in any year, or for a special meeting within ten days after 
application therefor is made to them, a justice of the peace, 
upon application of ten or more voters, or of one sixth of 
the voters of the district, may issue such warrant and cause 
it to be posted.— P. S., c. 90, § 7, p. 256. 

§ 8. To be returned to clerk and recorded. The warrant, 
with a certificate thereon, verified by oath, stating the time 
and places when and where copies of it were posted, shall 
be given to the clerk of the district at ol* before the time of 
the meeting, and shall be recorded by him in the records 
of the district.— P. S., c. 90, § 8, p. 256. 

Form of warrant when issued by school board may be,— 

THE STATE OF NEW HAMPSHIRE. 

To the inhabitants of the school-district of the town of , 

qualified to vote in district affairs: 

You are hereby notified to meet at the in said 

district, on the day of March, 18 , at . . o'clock in the noon, 

to act upon the following subjects : 

1. To choose a moderator for the ensuing year. 

2. To choose a clerk for the ensuing year. 

3. To choose a member of the school board for the ensuing three 
years. 

4. To hear the reports of agents, auditors, committees, or officers 
heretofore chosen, and pass any vote relating thereto. 

5. To choose agents, auditors, and committees in relation to any 
subjects embraced in this warrant. 

6. To see, etc. 

Given under our hands at said this day of , 

18 . 

> School Hoard. 

The hour of the meeting should be stated. 

The warrant need not have a seal.— Thompson v. Flanders, 21 N. H. 425. 



MEETINGS AND OFFICERS. 21 

The posting is to be of a copy attested as follows : 
A true copy of warrant. Attest : 



School Board. 



The certificate of posting may be as follows : 

I certify that on the day of ,18 , I posted a copy of the 

written warrant attested by the school board of said district at the 

place of meeting within named, and a like attested copy at , 

being a public place in said district. 



H ss ,18 . 

Personally appeared the said , and made 

oath that the above certificate, by signed, is true. 

, Justice of the Peace. 

The clerk should record the warrant and certificate of posting, and 
attest the record of each as follows : 

Received March ,18 , and recorded. 

A true record. Attest: 

Clerk of the District. 

Application to justice to call annual meeting may be,— 

To , justice of the peace in the county 

of : 

The undersigned ten or more [or, one sixth of the] legal voters of the 
school-district in the town of , in said county, respect- 
fully represent that the school board of said district has neglected to 
issue a warrant and post a copy thereof for the annual meeting of said 
district for the year 18.., and they request you to call such annual 
meeting and insert in the warrant for the same the following articles : 
[Here insert articles.] 

Dated at. said , this day of ,18 . 

[Signers?] 

A warrant upon such application may be, — 

THE STATE OF NEW HAMPSHIRE. 

H ss. 

To the inhabitants of the school-district of the town of , 

qualified to vote in district affairs : 

Pursuant to an application of this date, by ten or more [or, one sixth 
of the] legal voters of said district, to me, a justice of the peace of said 



22 MEETINGS AND OFFICERS. 

county, by reason of the neglect of the school board of said district 

to call the annual meeting of said district for the year 18 , you are 

notified to meet at the in said district, on the .... 

day of March, 18 , at . . o'clock in the noon, to act upon the 

following subjects: [Here insert articles as in the application.] 

Given under my hand this .... day of ,18 . 

, Justice of the Peace. 

As an application is essential, it is advised that the warrant show that an 
application was made, and that the application be recorded by the clerk of the 
district, with the warrant. The attestation, certificate of posting, and record 
may be as above indicated, with the required changes. 

Application to school board for special meeting may be,— 

To the school board of the school-district in the town of 

The undersigned, ten or more [or, one sixth of the] legal voters of 
said district, request that a speeial meeting of the school-district be 
held, to act upon the following subjects: [Here insert articles.] 

Dated at said , this .... day of ,18 . 

[Signers.] 

The form of a warrant for such special meeting may be, — 
THE STATE OF NEW HAMPSHIRE. 

To the inhabitants of the school-district in the town of 

qualified to vote in district affairs : 

Pursuant to an application to us of this date, by ten or more [or, 
one sixth of the] legal voters of said district, you are notified to appear 

at the in said district on the .... day of , 

18. . , at o'clock in the noon, to act upon the following 

subjects: [Here insert articles following the application.] 

Given under our hands at said , this day of , 

18 . 



School Board. 



The application should be recorded with the warrant. 

The attestation, certificate of posting, and record may be in the form here- 
tofore given. 

If the school board actually call the meeting within ten days, but at a later 
date than the time specified in the application, a justice of the peace may call 
a meeting, upon a proper application. — Denniston v. School District, 17 N. H. 
492. 

Application to justice for special meeting may be,— 

To a justice of the peace for the county 

of : 

The undersigned, ten or more [or, one sixth of the] legal voters of 
the school-district in the town of , in said county, respect- 



MEETINGS AND OFFICERS. 23 

fully represent that on the day of last, ten or more 

[or, one sixth of the] legal voters in said district made a written ap- 
plication to the school board thereof to call a meeting of said dis- 
trict, of which the following is a copy: [Here insert a copy of the 
application, including the names of the signers thereto.] Yet said 
school board has neglected to issue a warrant, and post a copy thereof, 
for such meeting, and more than ten days have elapsed since said 
application. 

Wherefore they request you to call such meeting at the time and 
place and for the purposes stated in said application. 

Dated at said , this day of ,18 . 

[Signers.] 

The signers to both applications need not be the same.— Simpson v. Orford, 
41 N. H., 228. 

The warrant under the foregoing- application may be the same as for calling 
the annual meeting by a justice on neglect of the school board, omitting the 
words " the annual meeting of said district for the year 18 ," and inserting 
instead thereof the words, a special meeeting of said district on the . . . day of 

,18 . The application should be recorded with the warrant and the 

attestation, certificate of posting and record made, as in other cases as here- 
tofore indicated. 

VOTERS, CHECK-LIST, ETC. 

§ 9. Who are voters. Any person, whether male or 
female, but in all other respects except sex qualified to vote 
in town affairs, may vote at school-district meetings in the 
district in which such person has resided and had a home 
three months next preceding the meeting. — P. S., c. 90, § 
9, p. 256. 

No person shall be considered as dwelling or having his home in any town 
for the purpose of voting or being voted for at any meeting, unless he shall 
have resided within such town six months next preceding the day of meeting.— 
P. S., c. 31, § 8, p. 113. 

Six months' residence would be requisite for voting. 

§ 10. Check-list to be used when. Upon petition of ten 
legal voters of any district, presented in January, or if the 
district at its annual meeting shall have voted that a check- 
list be used at future meetings, the school board shall make, 
post, and correct a list of the legal voters in the district as 
supervisors are required to do in regard to the list of voters 
in their towns; and such list shall be used and checked, at 
the election of officers and otherwise, at the annual meeting 



24 MEETINGS AND OFFICEBS. 

of the district, as in case of town-meetings. — P. S , c. 90, § 
10, p. 256. 

The petition may be, — 

To , school board of the school-district in the town of : 

The undersigned, ten and more legal voters in said district, request 
you to make, post, and correct a list of the legal voters in said district 
as supervisors are required to do in regard to the list of voters in 
their towns. 

Dated at said , this day of ,18 . 

[Signers.] 

The check-list may be, — 

List of voters in the school-district in the town of : 



The following is an alphabetical list of all the legal voters in the 

school-district in the town of , made and posted by the school 

board of said district on the day of ,18 . 

Names. Names. 

The school board of said district give notice that they will be in 

session, for the purpose of correcting the foregoing list, at the 

in said district, on the day of ,18 , at . . o'clock 

in the noon, and on the day of ,18 , at . . o'clock 

in the . . . .noon. 

Given under our hands, at said , this day of , 

18 . 

> School Board. 



The check-list should be posted up in two or more public places in the dis- 
trict fourteen days before the day of any election at which such list is to be 
used.— P. S., c. 32, § 5, p. 114. 

The school board should be in session for the purpose of correcting said list 
two days, at least, before the day of meeting, the last of which must be the day 
preceding the day of meeting. If there are more than six hundred legal voters 
in the district, the first session must be on the Tuesday next preceding the day 
of election, the hearing adjourned from day to day, until all claims have been 
heard and decided.— P. S., c. 32, § 6, page 114. 

Before the opening of the meeting, the school board should sub- 
scribe and make oath to the following certificate upon the back of the 
foregoing corrected list, — 

We, the undersigned, school board of the school-district in said 

town of , do solemnly swear, that according to our best 

knowledge the within list contains the names of those persons only 



MEETINGS AND OFFICERS. 25 

who are by actual residence legal voters in said district. So help us 
God. 



School Board. 



, ss ,18 . 

Then the above-named and and 

took and subscribed the foregoing oath. 

Before me, 

Justice of the Peace. 

An attested copy of the foregoing check-list, as corrected, with the return 
thereon, should be lodged with the clerk of the district on the day of the meet- 
ing, and before the opening thereof. 

The form of the certificate may be, — 

We hereby certify that the foregoing is a true copy of the check- 
list, as made and posted in said district as corrected by us. 



School Board. 



The safe course, when there is a check-list, is to use it in the election of all 
officers, and in the transaction of all business. 

The check-list used at any town-meeting shall be preserved in the custody 
of the town-clerk for future reference.— P. S., c. 32, § 14, p. 115. 

§ 11. Illegal voting, how punished. If any person under 
the age of twenty-one years, or any alien not naturalized, or 
any person who has not resided and had his home in the 
district for three months and in the town for six months 
preceding, shall vote in any district meeting, or if any per- 
son shall give in more than one vote for any officer voted 
for at the meeting, or if any person, being under exami- 
nation before the school board as to his qualifications as a 
voter, shall give any false name or answer, he shall be fined 
not exceeding thirty dollars, or be imprisoned not exceeding 
three months.— P. S., c. 90, § 11, p. 256. 

OFFICERS AND THEIR DUTIES. 

§ 12. The officers of every school-district for which the 
law does not otherwise provide shall be a moderator, a clerk, 
2 



26 MEETINGS AND OFFICEKS. 

a school board of three persons, a treasurer, and one or 
more auditors, and such other officers and agents as the 
voters may judge necessary for managing the district affairs. 
—P. S., c. 90, § 12, p. 256. 

The offices of member of school board and auditor are incompatible. A 

{>erson who is elected to both offices at the same meeting, and accepts the 
atter, thereby declines the former.— Cotton v. Phillips, 56 N. H. 220. 

§ 13. Districts which maintain high school may increase 
membership of school board. While any district maintains 
a high school, or unites with another district in maintaining 
one, it may have a school board consisting of three, six, or 
nine members, as it shall determine by vote or by-law. 
Whenever it ceases to maintain, or to unite in maintaining, a 
high school, it shall thereafterwards elect only one member 
to the school board each year to fill vacancies occurring from 
expiration of term of service, so that the board will decrease 
in numbers, year by year, until it shall be composed of only 
three members.— P. S., c. 90, § 13, p. 256. 

§ 14. Eligibility to office. No person shall be eligible to 
any school-district office unless he is a voter in the district. 
—P. S., c. 90, § 14, p. 257. 

§15. Officers, how chosen;— to be sworn. The modera- 
tor, clerk, school board, and treasurer shall be chosen by 
ballot, by a plurality vote. The moderator, clerk, and school 
board shall be sworn. — P. S., c. 90, § 15, p. 257. 

§ 16. Tenure of office. One third of the members of the 
school board shall be chosen each year to hold office for 
three years, and until their successors are chosen and quali- 
fied ; and vacancies in the board shall be filled so as to 
preserve such succession in office. All other officers shall be 
chosen annually, and shall hold office for one year, and until 
their successors are chosen and qualified. — P. S., c. 90, § 16, 
p. 257. 



MEETINGS AND OFFICERS. 27 

§ 17. Moderator's powers and duties. The moderator 
shall have the like power and duty as a moderator of a town- 
meeting to conduct the business and to preserve order, and 
may administer oaths to district officers and in the district 
business. In case of a vacancy or absence, a moderator pro 
tempore may be chosen. — P. S., c. 90, § 17, p. 257. 

No person chosen or appointed to any public office, under any law, shall 
exercise such office or perform any act therein until he shall have taken the 
oath of office.— P. S., c. 19, § 4, p. 90. 

The oath of office is as follows : 

You do solemnly swear that you will faithfully and impartially dis- 
charge and perform all the duties incumbent on you as a , 

according to the best of your abilities, agreeably to the rules and regu- 
lations of the constitution and laws of the state of New Hampshire. 
So help you God.— P. S., c. 44, § 2, p. 157. 

The powers and duties of a moderator of town-meeting are as follows: 

The moderator shall preside in town- meeting's, regulate the business thereof, 
decide questions of order, and make a public declaration of every vote passed, 
and may prescribe rules of proceeding, but such rules may be altered by the 
town.— P. S., c. 42, § 5, p. 148. 

The rules of parliamentary law, so called, are not in force for the govern- 
ment of town-meetings, except so far as prescribed by the moderator, subject 
to alteration by the town.— Hill v. Goodwin, 56 N. H. 441. 

When any vote, other than by ballot, declared by the moderator or other 
officer presiding, shall immediately, and before any other business is begun, 
be questioned by seven or more of the voters present, the moderator or other 
officer presiding shall make the vote certain by a poll of the voters. — P. S., c. 42, 
§ 6, p. 148. 

If any moderator or other officer presiding shall wilfully neglect or refuse 
to make any vote certain by a poll of the voters, when required as aforesaid, 
or shall wilfully violate or neglect to enforce any rule of proceeding which 
shall have been established by vote of the town or otherwise, he shall, for each 
offence, be fined not exceeding five hundred dollars, or be imprisoned not 
exceeding six months.— P. S., c. 42, § 7, p. 148. 

No person shall speak in any meeting without leave of the moderator, 
nor when any person speaking is in order ; and all persons shall be silent at the 
desire of the moderator, on pain of forfeiting one dollar for each offence, for 
the use of the town.— P. S., c. 42, § 8, p. 149. 

If any person shall conduct in a disorderly manner, and, after notice from 
the moderator, persist therein, or shall in any way disturb the meeting, or wil- 
fully violate any rule of proceeding, the moderator may command any consta- 
ble or police officer, or any legal voter of the town, to remove such disorderly 
person from the meeting and detain him until the business is finished.— P. S., 
c. 42, § 9, p. 149. 

Every constable or police officer shall obey the orders and commands of 
the moderator for the preservation of order, and may command such assist- 
ance as is necessary ; and if any constable or police officer neglects to perform 
any of the duties imposed by this or the preceding chapter, he shall forfeit 
forty dollars for the use of the town.— P. S., c. 42, § 10, p. 149. 

§ 18. Clerk's duties. The clerk shall keep a true record 
of all the doings of each meeting ; shall deliver to the select- 
men of the town an attested copy of every vote to raise 



28 MEETINGS AND OFFICERS. 

money, within ten days after the meeting ; shall make an 
attested copy of any record of the district for any person 
upon request and tender of legal fees therefor ; shall act as 
moderator of any meeting until a moderator pro tempore 
shall be chosen, if the moderator is absent or the office has 
become vacant; and shall have the same power to administer 
oaths which the moderator has. If the clerk is absent at 
any meeting, a clerk pro tempore shall be chosen. — P. S., c. 
90, § 16, p. 257. 

It is the duty of the clerk to record the votes as publicly declared by the 
moderator. His duty in this respect is purely ministerial.— Hill v. Goodwin, 56 
N. H., 441. 

The clerk shall deliver an attested copy of a vote to raise money, although 
the meeting may have adjourned to a time beyond ten days.— Mitchell v. Brown, 
18 N. H. 315. 

The attested copy of a vote to raise money may be, — 
To the selectmen of the town of A ; 

At a meeting of the legal voters of the school-district in the town 

of , on the .... day of ,18 , at the in said district, 

at . . o'clock in the . . . .noon: 

The meeting was called to order by , moderator [or 

clerk]. 

Voted, To raise the sum of .... thousand dollars for building a new 
school-house, and procuring land and suitable furniture and apparatus 
and needful conveniences therefor. 

A true record. 
Attest : , 

Clerk of District. 
A true copy of record. 

Attest : , 

Clerk of District. 

The warrant and certificate of posting should first be recorded by 
the clerk ; then the record of the proceedings of the meeting may be, — 

At a meeting of the inhabitants of the school-district in the town of 

, qualified to vote in district affairs, holden at , in 

said district, on the .... day of . . . ., 18 , at. . o'clock in the . . . .noon: 

The meeting was called to order by , moderator 

[or clerk], and proceeded to the transaction of business as follows: 



MEETINGS AND OFFICERS. 29 

1. The whole number of tickets given in for moderator was one 
hundred ; upon which — 

A B had twenty votes ; 

C D had thirty-five votes; 

E F had forty-five votes; and the said E F was declared elected 
moderator, and in open meeting took the oath of office by law pre- 
scribed. 

2. The whole number of tickets given in for clerk was one hundred ; 
upon which — 

G H had thirty votes ; 

J K had thirty votes; 

L M had forty votes; and the said L M was declared elected clerk 
by the moderator, and in open meeting took the oath of office by law 
prescribed. 

3. The whole number of tickets given in for member of the school 
board was one hundred ; upon which — 

N O had eight votes ; 

P R had thirty-six votes; 

S T had sixty-two votes; and the said S T was declared elected a 
member of said school board by the moderator, and in open meeting 
took the oath of office by law prescribed. 

4. Voted, To raise the sum of thousand dollars to build a new 

schoolhouse, and procure land and suitable furniture and apparatus 
and needful conveniences therefor. 

[Here insert all other votes, care being taken to make the record an 
accurate and intelligible account of the entire proceedings of the 
meeting.] 

5. Voted, To adjourn this meeting until the day of ,18 , 

at o'clock in the noon, at the in said district [or, 

Voted, That this meeting adjourn]. 

A true record. 
Attest : 

R S, Clerk of said District. 

§ 19. Clerk to report names, etc., of school board to town- 
clerk, when ;— penalty for neglect. The clerk of every school- 
district shall, forthwith, after the election from time to time 
of members of the school board, report in writing their 
names and post-office addresses to the town-clerk of the 
town ; and if he fails to do so, he shall be fined twenty dol- 
lars, one half for the use of the complainant and the other 
half for the use of the town.— P. S., c. 90, § 19, p. 257. 



30 MEETINGS AND OFFICERS. 

§ 20. Treasurer to give bond. The treasurer, shall, before 
entering upon the duties of his office, give a bond with 
sufficient sureties to the district to the acceptance of the 
school board for the faithful performance of his official 
duties.— P. S., c. 90, § 20, p. 257. 

§ 21. Treasurer's duties. The treasurer shall have the 
custody of all moneys belonging to the district, and shall pay 
out the same only upon orders of the school board. He 
shall keep a fair and correct account of all sums received 
into and paid from the district treasury. At the close of 
each fiscal year he shall make a report to the district giving 
a particular account of all receipts and payments during the 
year. He shall furnish to the school board statements from 
his books, and submit his books and vouchers to them and 
to the district auditors for examination, whenever so re- 
quested.— P. S., c. 90, § 21, p. 257. 

§ 22. Auditor's duties. The auditors shall carefully ex- 
amine the accounts of the treasurer and school board at the 
close of each fiscal year, and at other times whenever neces- 
sary, and report to the district whether the same are cor- 
rectly cast and well vouched. — P. S., c. 90, § 22, p. 257. 

§ 23. Vacancies in district offices, how filled. The school 
board shall fill vacancies occurring in the board, and in 
other district offices except that of moderator, until the next 
annual meeting of the district. In case of vacancy of the 
entire membership of the board, or the remaining members 
are unable to agree upon an appointment, the selectmen, 
upon application of one or more voters in the district, shall 
fill the vacancies so existing until the next annual meeting 
of the district.— P. S., c. 90, § 23, p. 258. 

A vacancy may exist when an officer removes from the district.— Giles v. 
School-District, 31 N. H. 304. 

Vacancies may also occur by the death or resignation of the incumbent. 



MEETINGS AND OFFICERS. 31 

The application to selectmen may be, — 

To the selectmen of the town of : 

The undersigned, legal voters in the school-district of said town, 
respectfully represent that there is a vacancy of the entire members of 

the school board of said district [or, there are vacancies in the 

school board of said district, and the remaining members are unable to 
agree upon an appointment], and they request you to fill such vacancy 
[or, vacancies]. 

Dated at said , this day of ,18 . 

[Signers.] 

The appointment may be, — 

To , of the school-district in the town of : 

Whereas, there is a vacancy of the entire members of the school 

board of said district [or, there are vacancies in the school board 

of said district and the remaining members are unable to agree upon 
an appointment], and an application has been made to us by one or 
more legal voters of said district to fill such vacancy [or, vacancies], 
we, having confidence in your ability and fidelity, hereby appoint you 
a member [or, members] of the school board of said district; and upon 
your taking the oath of office, and having this appointment and the 
certificate of said oath recorded in the records of said district, you shall 
have the powers, perform the duties, and be subject to the liabilities of 
said office. 

Witness our hands, this day of ,18 . 

) Selectmen 



of 



II ss ,18 . 

Then appeared , and took the oath of office 

by law prescribed. 
Before me, 



Justice of the Peace. 

§ 24. District may elect or appoint superintendent of 
schools, etc. A school-district may elect or appoint, in 
such manner as it may determine, a superintendent of 
schools, who shall hold office for such term, be vested with 
such of the powers and charged witli such of the duties of 
the school board, and be entitled to such compensation, as it 
may provide ; and such district may raise and appropriate 
money to pay the compensation. — P. S., c. 90, § 24, p. 258. 



32 



SCHOOL-HOUSES. 



CHAPTER IV. 

SCHOOL-HOUSES. 



Section 

1. District may locate by vote or 

committee. 

2. Powers of committee limited. 

3. Voters aggrieved may apply to 

school board. 

4. School board to locate, when. 

5. County commissioners to locate, 

when. 

6. Chairman to give notice of hear- 

ings. 

7. Vacancies in board, how filled. 

8. Hearing, when ; decision, how 

made and filed. 

9. District to take no steps to carry 

former location into effect while 
appeal pending. 



Section 

10. Commissioners, how paid. 

11. Location conclusive, for what 

time. 

12. Existing lot, how enlarged. 

13. Land appraised by selectmen, 

when. 

14. Appeal by land-owner. 

15. Title to vest in district, when. 
Selectmen to build school-house, 

when. 
Schools, where kept. 
Use of school-houses may be 

granted, for what purposes and 

when. 



IK. 



§ 1. District may locate by vote or committee. The dis- 
trict may decide upon the location of its school-houses, by- 
vote or by a committee appointed for the purpose. — P. S, c. 
91, § 1, p. 258. 

The vote, when the district locates, may be, — 

Voted, To locate a school-house on a lot of land in said district, 
owned by A B, bounded and described as follows: Beginning at a 
stake on the land of A B, on the westerly side of the highway, leading 

from to , thence running westerly rods on the land 

of E F, to a stake and stones, thence running southerly rods to 

a stake and stones, thence easterly rods to a stake and stones on 

said highway, thence running northerly rods on said highway to 

bounds begun at, — containing half an acre of land; and to pay A B, 
the owner thereof, the sum of fifty dollars therefor. 

When the district locates by a committee, the vote may be, — 

Voted, That A, B, and C be a committee to decide upon a location 

for a school-house in said district, and purchase or procure land for the 

same. 

Under this vote the action of the committee is final. 

A majority of the committee maj' act.— Keyser v. District, 35 N. H. 477. 

The report may be, — 
To school-district , in the town of' : 

The undersigned, a committee chosen at a meeting of said district, 
duly called and held therefor on the day of ,18 , to 



SCHOOL-HOUSES. 33 

decide upon the location of a school-house in said district, and purchase 
and procure land for the same, have attended to the duty assigned 
them, and have located the same upon a lot of land, being a part of 
the homestead farm of M.. , in said district, bounded and de- 
scribed as follows: Beginning at a stake and stones on said homestead 

farm, on the southerly side of the highway leading from to , 

thence running south ten rods to a white oak tree, spotted on the 
northerly side, thence running east eight rods to a stake and stones, 
thence running north ten rods to a stone post, and thence running west 
on said highway to the bound begun at, — containing half an acre of 

land; and have taken from said , the owner thereof, and his wife, 

, a homestead quitclaim deed of said lot, in common form, to 

said school-district, the same being a gift from said owner to said 
district. 

Dated at , this .... day of . . ,18 . 



Committee. 



Form of vote when the committee is advisory, — 



Voted, That A, B, and C be a committee to examine and report upon 
the location of a school-house in said district, and the purchase or pro- 
curing of land for the same. 

The action of the committee does not become the act of the district until 
adopted in open meeting duly held therefor. 

Form of report, — 
To the school-district in the town of : 

The undersigned, a committee duly chosen at a meeting of said 

district, duly called and held therefor on the day of ,18 , 

to examine and report upon a location for a school-house in said dis- 
trict, and the purchase or procuring of land for the same, have 
attended to the duty assigned them, and report, that in their judgment 
the best interests of said district will be promoted by locating the 
same upon a piece of land in said district, owned by A B, bounded 
and described as follows : Beginning at a stake and stones on the north 

side of the highway leading from to , at the south-west 

corner of said field, thence running north on the land of CD 

rods to the land of E F, thence running east on land of said E F 

rods to a stake and stones, thence running south rods to a stake 

and stones standing on said highway, thence running west on said 

highway rods to the bound begun at, — containing half an acre; 

and that , the owner thereof, has, by a contract in writing, 

under seal, executed by him, agreed to convey the same to said dis- 



34 SCHOOL-HOUSES. 

trict, if the district so elect, within thirty days from the date thereof, 

by a homestead warranty deed, in common form, for the sum of 

dollars, dollars thereof to be paid on delivery of said deed, and 

the remainder in six months thereafter. 

Dated at , this day of ,18 . 

Committee. 



The vote upon the foregoing report may be, — 

Voted, To adopt the report of said committee, and instruct them to 
take a deed of said land to said district, upon the terms therein set 
forth. 

The report should be recorded at length by the clerk of the district, and be 
kept upon file. 

§ 2. Power of committee limited. No committee shall 
have power to bind the district beyond the amount of money 
voted by it, and the district shall not be bound by any act, 
as a ratification of the doings of such committee, beyond 
their authority, unless by express vote of the district. — 
P. S. c. 91, § 2, p. 258. 

§ 3. Voters aggrieved may apply to school board. If ten 
or more voters of a district are aggrieved by the location of 
a school-house by the district or its committee, they may 
apply by petition to the school board, who shall hear the 
parties interested and determine the location. — P. S., c. 91, 
§ 2, p. 258. 

HEARINGS — PROCEDURE. 

The following provisions of the Public Statutes, relating to hearings before 
town and district officers, are inserted in this place for convenience of refer- 
ence : 

On petition to the selectmen for the laying out or altering of highways, or 
for laying out lands for any public use, and generally for the purpose of decid- 
ing any question affecting the conflicting rights or claims of different persons, 
their proceedings shall be governed by the following rules : 

They shall appoint a time and place of hearing, and order notice thereof to 
be given to all persons whose property or rights may be directly affected by 
the proceeding, by giving to them or leaving at their abode an attested copy 
of the petition and order fourteen days at least before such hearing, or, if such 
persons are non-residents, by publication. If the owner is under guardianship, 
such notice shall be given to his guardian. If the owner is a minor, or under 
any legal disability, the judge of probate may appoint a guardian for such 
person, to whom notice shall be given.— P. S., c. 45, §§ 1, 2, p. 158. 

Notice shall be given to all other persons interested by posting a like copy 
in one of the most public places in the town or district affected by the petition, 



SCHOOL-HOUSES. 30 

and by leaving a like copy at the abode of the clerk of such town or district a 
like time before the hearing'.— P. S., c. 45, § 3, p. 159. 

They shall hear all parties who desire to be heard, and examine them and 
their witnesses under oath, which either of the selectmen may administer ; they 
may adjourn when they deem it necessary ; and they shall make their deci- 
sion in writing, and cause the petition, order of notice, evidence of service, and 
their decision to be filed in the town-clerk's office and recorded at length upon 
the town records ; and their decision shall be of no force or effect until the same 
is done.— P. S., c. 45, § 4, p. 159. 

The same rules shall apply to and govern the proceedings of fence-viewers, 
school boards, committees .appointed by the selectmen, and all town officers 
when they are applied to or appointed to decide any question affecting the 
rights or claims of individuals, saving that other or shorter notice, when 
required or allowed by statute, shall be sufficient.— P. S., c. 45, § 5, p. 159. 

Disqualification of member of board; — No selectman or other officer shall 
act in the decision of any such case, who would be disqualified to sit as a juror 
for any cause, except exemption from service, in the trial of a civil action in 
which any of the parties interested in such case was a party. — P. S., c. 45, § 6, 
p. 159. 

Vacancy, how filled; — The place of a selectman or other officer so disquali- 
fied shall be supplied by appointment, by the other members of the board, of a 
qualified person who has theretofore holden the same office in the town, or, in 
the case of committees, by a new appointment. — P. S., c. 45, § 7, p. 159. 

If in any case the whole board is disqualified, the selectmen shall, in writing, 
so inform some justice of the supreme court, who shall thereupon, with or 
without notice, appoint a new board for that case from qualified persons who 
have before holden the same office in the town, if such there be, otherwise from 
qualified persons, residents of another town, who have holden the same office. 
P. S., c. 45, § 8, p. 159. 

If any member of the board is related to any of the parties, within the 
fourth degree, he is disqualified ; an uncle or a brother-in-law cannot act.— 
Sanborn v. Fellows, 22 N. H. 473, 485. 

The statute includes parties in interest. 

The question as to whether or not any member is disqualified, must, in the 
first instance, be determined by the board. Their decision, however, may be 
corrected on certiorari, but not in general upon a bill in equity.— Lane v. Mor- 
rill, 51 N. H. 422. 

Objections that any member of the board is disqualified, or has not taken 
the oath of office, if known to the party or his counsel, must be taken at the 
earliest practicable opportunity at the hearing, or they will be considered 
waived.— School District v. Carr", 55 N. H. 452. 

The form of appointment, to fill vacancy caused by disqualification 
of member of board, and jurat may be, — 

To , of the town of : 

Whereas, , one of the selectmen [or school board] 

of said town of [or district], is disqualified to act on the trial of 

the petition of and others for , now pending 

before the , because he is interested in the event of said trial by 

reason of his being a [or is the father, son, brother, uncle, 

brother-in-law, etc., of , one of the parties to said proceed- 
ings. Here set forth any other of the numerous causes of disqualifica- 
tion], we, the remaining members [or member] of said board qualified 
to act, hereby appoint you, a qualified person who has heretofore held 
the same office in the same town, to act in his stead. 

Witness hand, this day of ,18 . 



II ss 18 



36 SCHOOL-HOUSES. 

Then appeared the al>ove named , and took the 

oath of office by law prescribed. 
Before me, 



Justice of the Peace. 

The appointment and jurat should be appended to the report, and recorded 
with it as a part of the proceeding's. 

Where the whole board is disqualified, the certificate of the school 
board to one of the justices of the supreme court may be, — 

To , one of the justices of the supreme court : 

The undersigned, school board of in the county of , here- 
by inform you that the petition of and others, for , 

is now pending before us ; that we are interested in such petition, and 
disqualified to act thereon [here set forth any of the numerous other 
causes of disqualification], — 

Wherefore we certify the same to you as provided by law, so that 
you may appoint a new board for said case from qualified persons who 
have before held the same office. 

Given under our hands this day of ,18 . 

School 
Board of 



The appointment and jurat may be, — 

H , ss ,18 . 

To , of the town of in the county of : 

Upon due notice to all parties interested, and upon consideration of 
the foregoing certificate and the proofs, you are hereby appointed 
as a new board for said case. 



Justice of the Supreme Court. 

H , ss ,18 . 

Then appeared the above named , and took the 

oath of office by law prescribed. 
Before me, 



Justice of the Peace. 



When two members of the board are disqualified, an appointment of a sub- 
stitute by all three is invalid; but when only two of the board are disqualified, 
the qualified member may fill the vacancies. — Northern Railroad v. Enfield, 
57 N. H. 508. 

A notice issued by a board consisting of three is not invalid because one 
member of the board is disqualified by reason of his residence in one of the 
districts to be affected.— Fifield v. Swett, 56 N. H. 432. 



SCHOOL-HOUSES. 37 

The petition to the school board, where the voters are aggrieved by 
the location of a school-hou.se, may be, — 

To the school board of the school-district in the town of : 

The undersigned, ten or more legal voters in the school-district in 
said town, respectfully represent, that a lot of land, described as fol- 
lows [here insert boundaries and description], has been decided upon 
by said district for the location of a school-house for said district. 
Your petitioners are aggrieved by the location of said school-house, 
and request you to determine the location. 

Dated at said . . . . , this . . . day of ,18 . 

[Signers.] 
The order of notice may be, — 

A hearing upon the foregoing petition is hereby appointed at , 

in said district, on the .... day of .... next, at . . o'clock in the .... 
noon; and it is ordered that the petitioners give notice of said petition 
and hearing to said district, by posting an attested copy of said peti- 
tion, and this order thereon, in one of the most public places in said 
district, fourteen days, at least, before said day of hearing, and leaving 
a like copy at the abode of the clerk of said district a like time before 
the said day of hearing. 

Given under our hands, this day of ,18 . 

School Board. 



The attestation, return, and jurat may be, — 
A true copy. 
Attest : 



I certify, that on the day of ,18 ,1 posted an attested 

copy of said petition and order at , one of the most public places 

in the school-district within mentioned, and on the same day I left a 
like copy at the abode of , the clerk of said district. 

H , ss ,18 . , .... 

Then appeared , and made oath that the above 

certificate by him signed is true. 

Before me, 



Justice of the Peace. 
The final order may be, — 

Upon the foregoing petition, we appointed a hearing, and gave 

notice thereof as aforesaid, and on the day of ,18 , at 

o'clock in the ....noon, at in said district, the time and place 

appointed, [here insert the names of those who appeared as parties] 



38 SCHOOL-HOUSES. 

appeared as parties ; and, having heard all parties interested who 
attended and desired to be heard, and all evidence offered by them, 
and examined them and their witnesses under oath, we find that the 
lot of land described in said petition has been decided upon by said 
district [or, by a committee of said district] for the location of their 
school-house, and that the petitioners, being ten or more legal voters 
in said district, are aggrieved by such location; and we therefore de- 
termine that the location for said school-house shall be upon a lot of 
land in said district bounded and described as follows: [Here insert 
boundaries and description.] 

Given under our hands, at , this day of ,18 . 

School Board. 



The form of record may be, — 

Received and recorded ,18 , at . . o'clock in the . . . noon. 

A true record, 

Attest : , 

Town-Clerk. 

If the decision is adverse, the report after the word " oath " may be,—" We 
find that said petitioners are not aggrieved by such location, and we therefore 
make no change." 

§ 4. School board to locate, when. If the district does 
not agree upon a location for a school-house or upon a com- 
mittee to locate the same, or if the same is not located by- 
such committee within thirty days after its appointment, the 
school board, upon petition of ten or more voters, shall 
determine the location. — P. S., c. 91, § 4, p. 258. 

The petition may be, — 
To the school board of the school-district in the town of ; 

The undersigned, ten or more legal voters of the school-district in 
said town, respectfully represent, that at a meeting of said district, 

duly held therefor on the day of ,18 , the district failed to 

agree upon a location for a school-house for the use of said district [or, 

the district agreed upon as a committee to locate a school-house 

for the use of said district, and said committee has not located the 
same within thirty days after its appointment]; wherefore the under- 
signed request you to determine the location thereof. 

Dated at said , this day of ,18 . 

[Signers.] 

The order of notice, attestation, return, and jurat may be as previously 
given. 



SCHOOL-HOUSES. 39 

The final order may be, — 

Upon the foregoing petition, we appointed a hearing, and gave 

notiee thereof ;is aforesaid, and on the .... day of ,18 , at . . 

o'clock in the ....noon, at ...., in said district, the time and place 
appointed, [here insert the names of those who appeared as parties] 
appeared as parties; and, having heard all parties interested who 
appeared and desired to be heard, and all evidence offered by them, 
and examined them and their witnesses under oath, we find, that at a 
meeting duly held to act upon the subject, said district failed to agree 
upon a location for a school-honse in said district, or upon a committee 

to locate the same [or, the district agreed upon as a committee to 

locate a school-house for the use of said district, and said committee 
has not located the same within thirty days after its appointment], as 
stated in said petition, and said petitioners are ten or more legal voters 
of said district ; — we therefore determine that said location shall be 
upon a lot of land in said district bounded and described as follows : 
[Here insert boundaries and description.] 

Given under our hands, at , this day of ,18 . 

> School Board. 



The form of record may be, — 

Received and recorded ,18 , at . . o'clock in the . . . .noon. 

A true copy. 
Attest : , 

Town-Clerk. 

If the decision be adverse, the report, after the word " oath," may be,—" We 
find that said petitioners are not aggrieved by such location, and we therefore 
make no change." 

§ 5. County Commissioners to locate, when. If ten or 
more voters of a school-district are aggrieved by the location 
of a school-house by the district or its committee, or by the 
school board, they may apply by petition to the county com- 
missioners within ten days after the making of the location, 
who shall hear the parties interested, and determine the 
location.— P. S., c. 91, § 5, p. 259. 

§ 6. Notice of hearings. The chairman of the county com- 
missioners shall appoint a time and a place within the dis- 



40 SCHOOL-HOUSES. 

trict for a hearing upon every such petition ; and shall give 
notice thereof by causing attested copies of the petition and 
order of notice to be posted at two or more public places 
within the district, and to be given in hand to, or left at the 
abode of, the clerk of the district and of one of the school 
board fourteen days before the day of hearing. — P. S., c. 91, 
§ G, p. 259. 

The petition may be, — 

To the county commissioners for the county of ; 

The undersigned, being ten or more legal voters in the school- 
district in the town of in said county, respectfully represent 

that a lot of land, bounded and described as follows [here insert 
boundaries and description as given in the location appealed from], 
has been decided upon by said district [or, " by a committee of said 
district,'- or, "by the school board of said district," as the case may 
be] for the location of a school-house for said district, and that your 
petitioners are aggrieved by such location. They therefore request 
you to determine the location of said school-house. 

Dated at said , the day of ,18 . 

[Signatures.] 

The order may be, — 

A hearing upon the foregoing petition is hereby appointed at the 

school-house in the school-district in the town of [or, at the 

hotel of A B in the school-district in the town of ], on the 

day of ,18 , at . . o'clock in the noon ; and it is ordered 

that the petitioners give notice of said petition and hearing thereon by 
causing attested copies of the petition presented to us, and order of 
notice made by us thereon, to be posted at two or more public places 
in said district, at least fourteen days before the time so appointed, 
and by causing like copies to be given to, or left at the usual place of 
abode of, the clerk and of one of the school board of said district, a like 
time before the time appointed for such hearing. 

Given under our hands, this .... day of ,18 . 



I County Cc 



ofnmtssioners 
of the 
) ( 'ounty of 



The attestation may be,- 

A true copy. 
Attest : 



SCHOOL-HOUSES. 41 

The certificate of posting, service, and jurat may be, — 

I certify that on the .... day of ,18 , I posted attested copies 

of the foregoing petition and order thereon at and at , the 

same being public places within said district, and by leaving like 
copies at the usual place of abode of A B, clerk, and C D, one of the 
school board, of said district, on the .... day of ,18 . 



M ss ,18 . 

Then appeared , and made oath that the above certifi- 
cate by him signed is true. 
Before me, 



Justice of the Peace. 

§ 7. Vacancies in board, how filled. In such cases, vacan- 
cies in the board of commissioners arising from disquali- 
fication of members or otherwise shall be filled in the same 
manner as like vacancies are filled in highway cases referred 
to them.— P. S., c. 59, § 7, p. 359. 

If any commissioner is interested in the petition, he shall not serve ; and 
the vacancy shall be filled, upon motion or petition, by any judge of the 
supreme court.— G. L., c. 68, § 7, p. 212. 

Such petition may be, — 

To , one af the justices of the supreme court: 

The undersigned, , represents that the petition of 

and others, being ten or more of the legal voters of school-district 

No. . . , in the town of , in said county, praying for the location 

of a school-house in said district, is now pending before the county 

commissioners of the county of ; that , one of said 

commissioners, resides, and is a taxpayer, in said district [here set 
forth any other causes of disqualification], and interested in such peti- 
tion and disqualified to act. Wherefore he prays that you will fill 
such vacancy in the manner prescribed by law. 



The appointment, to be written at the bottom of the original peti- 
tion or indorsed upon it, and jurat may be, — 

H ,-ss ,18 . 

To , of , in the county of : 

Upon considering the foregoing [or, within] petition and the 



42 SCHOOL-HOUSES. 

proofs, you are hereby appointed to fill said vacancy in said board of 
county commissioners. 

Witness my hand and seal, this .... day of . . . . , 18 . 

i 

Justice of the Supreme Court. 

M , ss ,18 . 

Then appeared the above named , and made oath that 

he would faithfully and impartially perform the duties of a county 
commissioner in the proceedings upon said petition. 
Before me, 

> 

Justice of the Peace. 

§8. Hearing, when,— decision, how made and filed. The 
hearing shall be closed within sixty days. The commis- 
sioners shall hear all parties interested who desire to be 
heard, and shall make their decision in writing and file 
it with the clerk of the district.— P. S., c. 91, § 8, p. 259. 

The final order may be, — 

Upon the foregoing petition, we appointed a hearing, and gave 

notice thereof as aforesaid, and on the day of ,18 , at . . 

o'clock in the noon, at in said district, the time and place 

appointed, [here insert the names of those who appeared as parties] 
appeared as parties ; and having heard all parties residing in the 
district, or having any interest in the subject-matter of the hearing, 
who attended and desired to be heard, and all evidence offered by 
them, and examined them and their witnesses under oath, we find 
that the lot of land described in said petition has been decided 
upon by said district [or, by a committee of said district, or, by the 
school board of said district, as the case may be] for the location of a 
school-house in said district, are aggrieved by such location; and we 
therefore determine and make this our decision in writing, that the 
location of said school-house shall be upon a lot of land situated in 
said district [here insert the boundaries and description], and award 
that said petitioners recover of sail school-district, and that said 

school-district shall pay our fees, taxed at dollars and .... cents. 

Given under our hands, this .... day of . . . , 18 . 

) County ( 'ommissioners 

> of the 

) County of 

All the proceedings should be recorded by the clerk of the district. 



SCHOOL-HOUSES. 43 

The form of such record may be, — 

Received and recorded ,18 , at . . o'clock in the . . . .noon. 

A true copy. 

Attest : , 

Town-Clerk. 

If the decision is adverse, the report, after the word " oath " may be,—" We 
find that said petitioners are not aggrieved by such location, and we therefore 
make no change." 

§ 9. District to take no steps to carry former location into 
effect while appeal pending. The district shall take no 
steps to carry into effect a former location while any subse- 
quent proceedings authorized by law for a change thereof 
are pending.— P. S., c. 91, § 9, p. 259. 

§ 10. Commissioners, how paid. The commissioners shall 
be paid by the district for their services the same fees as in 
highway cases. Districts are authorized to raise money for 
that purpose.— P. S., c. 91, § 10, p. 259. 

§ 11. Location conclusive for what time. The location of 
school-houses, however made, shall be conclusive for the 
term of five years, unless an appeal therefrom shall be 
prosecuted as provided in this chapter. — P. S., c. 91, § 11, 
p. 259. 

§ 12. Existing lot, how enlarged. The school board or 
county commissioners may enlarge any existing school-house 
lot so that it shall contain not exceeding one acre, upon 
such petition to them and proceedings thereon as are re- 
quired to authorize them to determine the location for a 
school-house.— P. S., c. 91, § 12, p. 259. 

The proceedings before the school board or county commissioners, under 
the foregoing section, can be readily adapted from those already given. 

§ 13. Land appraised by selectmen, when. If any 
school-district shall neglect or refuse to procure the lot of 
land selected for the location of a school-house, or for the 
enlargement of an existing school-house lot, as provided in 



44 SCHOOL-HOUSES. 

this chapter, or if the owner of the land shall refuse to sell 
the same to the district for a reasonable price, the selectmen, 
upon petition to them by the school board or by three or 
more voters of the district, shall appraise the damages occa- 
sioned to the land-owner by the taking of his land. The 
appraisal shall be made in writing, and be filed with the 
clerk of the district.— P. S., c. 91, § 13, p. 259. 

The form of the petition, in case the district neglect or refuse to pro- 
cure the lot, may be, — 

To the selectmen of the town of : 

The undersigned, school board [or, three or more voters] of the 
school-district in the town of in the county of , repre- 
sent that a lot of land therein, owned by , in the town of 

in the county of , bounded and described as follows 

[here insert boundaries and description], was duly selected by the 
school board of said district [or, by the county commissioners of said 
county] for a school-house lot for said district, as provided by law; 
that said school-district has neglected and refused, and still neglects 
and refuses, to purchase [or procure] the land for said school-house 
lot; wherefore your petitioners request you to appraise the damages 
to said land-owner for the taking of said land. 

Dated at , this day of ,18 . 

[Signers.] 

The order may be, — 

A hearing upon the foregoing petition is hereby appointed at the 

hotel of J G, in said town of , on the day of next, at 

. . o'clock in the noon ; and it is ordered that the petitioners give 

notice of said petition and hearing to said school-district by causing 
an attested copy of said petition, and the order thereon, to be posted 
in one of the most public places in said district, and by causing a like 
copy to be given to, or left at the usual place of abode of, the clerk of 
said district fourteen days at least before said day of hearing, and to 

, the land-owner within named, by giving him, or leaving at his 

usual place of abode, a like copy, a like time before said day of hear- 
ing. 

Given under our hands, this day of ,18 . 

Selectmen 

of 



The attestation, return, and record may be, — 



SCHOOL-HOUSES. 45 

I certify, that on the day of ,18 ,1 left at the abode of 

, clerk of said district, and , within named, each an 

attested copy of the within petition and order thereon, and on the 

same day posted a like copy thereof at , one of the most public 

places in said district. 



H , ss ,18 . 

Then appeared and made oath that the above certificate 

by him signed is true. 

Before me, 

Justice of the Peace. 

The petition, in case the owner refuses to sell, may be, — 

To the selectmen of the town of : 

The undersigned school board [or, three or more voters] of the 
school-district in said town represents that a lot of land situate 
therein, bounded and described as follows [here insert boundaries and 

description], owned by , of the town of , has been legally 

selected [here describe by what authority selected] for a school-house 
lot, and that said owner refuses to sell the same to said district for 
a reasonable price. Wherefore said school-district requests you to 
appraise the damages to the owner. 

Dated at said , this of ,18 . 

[Signers.] 

The order may be, — 

A hearing upon the foregoing petition is hereby appointed at , 

in the town of , on the day of next, at . . o'clock in 

the noon ; and it is ordered that the petitioner give notice of said 

petition and hearing to the said by giving to him, or leaving 

at his abode, an attested copy of said petition, and this order thereon, 
fourteen days at least before the said day of hearing. 

Given under our hands, this day of ,18 . 

) Selectmen 

> of 



The attestation, return, and jurat may be, — 
A true copy. Attest : 



I certify, that on the day of ,18 ,1 gave to , within 

named [or, I left at the abode of , within named], an attested 

copy of the within petition, and order thereon. 



46 SCHOOL-HOUSES. 

H , ss ,18 . 

Then appeared , and made oath that the above certificate 

by him signed is true. 
Before me, , 

Justice of the Peace. 

The form of a final order may be, — 

Upon the foregoing petition, we appointed a hearing, and gave 

notice thereof as aforesaid, and on the day of ,18 , at . . 

o'clock in the noon, at in the town of , the time and 

place appointed [here insert the names of those . who appeared as 
parties] appeared as parties ; and, having heard all parties who at- 
tended and desired to be heard, and all evidence offered by them, and 
examined them and their witnesses under oath, we find that the lot of 
land described in said petition has been legally selected for a school- 
house lot, as stated in said petition, and that , the owner of said 

land, refuses to so sell the same for a reasonable price ; and we there- 
fore appraise the damages to the said owner at the sum of dollars. 

Given under our hands, this day of ,18 . 

Selectmen 
of 



§ 14. Appeal by land-owner. Any land-owner, aggrieved 
by such appraisal of his damages, may appeal therefrom to 
the supreme court by petition within sixty days after the 
appraisal is filed with the clerk of the district ; and the pro- 
cedure and remedies upon such appeal shall be the same as 
in appeals from the assessment of damages by selectmen 
in highway cases, except that service of papers shall be 
made upon the clerk of the district and one of the school 
board, instead of the town-clerk and one of the selectmen, 
and except as provided in the following section. — P. S., 
c. 91, § 14, p. 259. 

§ 15. Title to vest in district, when. Upon payment or 
tender of the damages awarded, the land shall vest in the 
district, and it may take possession of it. Such payment 
or tender may be made in accordance with the award 
of the selectmen before an appeal is taken, or while an 



SCHOOL-HOUSES. 47 

appeal is pending, and shall have like effect. In such case, 
if the damages are increased upon appeal, the land-owner 
shall have judgment for the excess; if decreased, the dis- 
trict shall have judgment for the amount of the decrease. 
If the result of the appeal is to change the award of dam- 
ages in favor of the land-owner, he shall recover costs ; 
otherwise, he shall pay costs. — P. S., c. 91, § 15, p. 260. 

§ 16. Selectmen to build school-house, when. If a dis- 
trict shall refuse or neglect to build, repair, remove, or fit 
up a school-house, or shall refuse or neglect to build a 
school-house upon or to remove it to the lot designated as 
aforesaid, the selectmen, upon petition of three or more 
voters of the district, after hearing the parties, may assess 
upon the district, and collect, such sums of money as may 
be necessary, and therewith cause such school-house to be 
built, removed, repaired, or fitted up. — P. S., c. 91, § 16, 
p. 260. 

The selectmen, under this section, have authority to pay the land damages 
for the lot, and accept a release for the benefit of the district. 

The district neglecting and refusing to take any action in regard to building 
or removing, the selectmen must determine what the needs of the district 
require, and build anew, or remove the old school-house, accordingly. The 
selectmen have authority, also, under this section, to build a school-house on a 
lot established by the county commissioners, the district having unreasonably 
neglected and refused to build.— Holbrook v. Faulkner, 55 N. H. 311. 

The form of a petition may be, — 

To the selectmen of : 

The undersigned, three or more legal voters of the school-district 

in said town, respectfully represent, that on the day of last, 

the school-house in said district, known as the school-house, 

was destroyed by fire, and said district has refused and unreasonably 
neglected to build a school-house in place of the same. Wherefore 
they request you to assess a tax upon said district, and collect such 
sum of money as shall be necessary, and therewith cause a suitable 
school-house for said district to be erected therein. 

Dated at , the day of ,18 . 

[Signatures.] 

The order may be, — 



48 SCHOOL-HOUSES. 

A hearing - upon the foregoing petition is hereby appointed at , 

in the town of , on the clay of ,18 , at . . o clock in 

the . . . .noon ; and it is ordered that the petitioners give notice of said 
petition and hearing to said district by causing an attested copy of 
this petition, and order thereon, to be posted in one of the most public 
places in said district fourteen days at least before said day of hearing, 
and causing a like copy to be given to, or left at the usual place of 
abode of, the clerk of said district a like time before the said day of 
hearing. 

Given under our hands, this day of ,18 . 

Selectmen 
of 



The attestation, return, and jurat may be, — 

A true copy. Attest : 

I certify, that on the day of ,18 ,1 gave to A B, clerk of 

said district, an attested copy of the within petition and order thereon, 

and on the same day I posted a like copy at , one of the most 

public places in said district. 

H , ss ,18 . 

The appeared , and made oath that the above certificate by 

him signed is true. 

Before me, 

Justice of the Peace. 
The final order may be, — 

Upon the foregoing petition, we appointed a hearing, and gave 

notice thereof as aforesaid, and on the day of ,18 , at . . 

o'clock in the . . . .noon, at in the town of , the time and 

place appointed [here insert the names of those who appeared as 
parties], appeared as parties ; and having heard all parties interested 
who attended and desired to be heard, and all evidence offered by 
them, and examined them and their witnesses under oath, we find 
that said school-house was destroyed by tire as aforesaid, and that 
said district has refused and neglected to build a school-house therein 
in place thereof, and that said petitioners are legal voters thereof, as 
stated in said petition ; and w T e therefore assess upon said district, and 

order to be collected, the sum of dollars and cents, therewith 

to cause a school-house to be built. 

Given under our hands, at , this day of . . . ., 18 . 

Selectmen 

of 



SCHOOL-HOUSES. 49 

The form of record may be, — 

Received and recorded ,18 , at . . o'clock in the . . . .noon. 

A true record. Attest : 

Town-Clerk. 

Where there is a neglect or refusal to fit up and repair, the form of 
the petition may be, — 

To the selectmen of the town of : 

The undersigned, three or more legal voters of the school-district 
.... in said town, respectfully represent that the school-house in said 
district is, and for a long time has been, out of repair, insufficient, and 
unsuitable, and that said district has refused and neglected to fit up 
and repair the same ; wherefore, they pray that you will assess upon 
said district, and collect, such sum of money as may be necessary 
therefor, and therewith cause said school-house to be fitted up and 
repaired. 

Dated at said , this .... day of . . . . , 18 . 

[Signatures.] 

The order, service, and return may be as under the cases]given above. 

The final order may be as in the cases heretofore given, but following this 
petition. 

Where the district has refused or neglected "to remove," the preceding 
form may be used, making the necessary changes in the petition and final 
order. 

Where the district has neglected or refused to build a house upon, 
or to remove it to, the lot " designated," the petition may be, — 

To the selectmen of the town of : 

The undersigned, three or more legal voters of the school-district 
.... in said town, respectfully represent, that, on the .... day of 
. . . . , 18 , a lot of land, situate in said district, bounded and described 
as follows [insert boundaries and description], was legally designated 
for the location of a school-house, but said district have refused and 
neglected to build a school-house upon said lot [or, have refused and 
neglected to remove their school-house to said lot] ; wherefore, they 
request you to assess upon said district, and collect, such sum of money 
as may be necessary therefor, and therewith cause a school-house to 
be built upon said lot [or, and therewith cause the school-house of said 
district to be removed to said lot]. 

Dated at said , this day of ,18 . 

[Signatures.] 

Order of notice, return, and jurat may be the same as in the forms given. 

The final order may be, — 
3 



50 SCHOOL-HOUSES. 

Upon the foregoing petition, we appointed a hearing, and gave notice 
thereof as aforesaid, and on the .... day of . . . ., 18 , at . . o'clock in 

the .... noon, at in the town of , the time and place 

appointed, [here insert the names of those who appeared as parties] 
appeared as parties ; and, having heard all parties interested who 
attended and desired to be heard, and all evidence offered by them, 
and examined them and their witnesses under oath, we find that the 
lot described in said petition was legally designated for the location 
of a school-house ; that said petitioners are legal voters of said dis- 
trict ; and that said district has refused and neglected to build a 
school-house upon said lot [or, has refused and neglected to remove 
said school-house to said lot] ; and we therefore assess upon said 

district, and order to be collected, the sum of dollars and 

cents, therewith to cause a school-house to be built upon said lot [or, 
therewith to cause said school-house to be removed to said lot]. 
Given under our hands, at , this day of . . . . , 18 . 

Selectmen 
of 



§ 17. Schools, where kept. The schools of a district 
shall be kept in its school-houses, if it has suitable houses 
that will accommodate the scholars ; if not, the school board 
shall provide suitable accommodations for the schools at the 
expense of the district. — P. S., c. 91, § 17, p. 260. 

§ 18. Use of school-houses may be granted, for what pur- 
poses and when. A school-district, or the school board 
thereof, may grant the use of any school-house in the district 
for a writing- or singing-school, and for religious and other 
meetings, whenever such use will not conflict with any 
regular school exercise. The persons so using a school-house 
shall be liable for any damages to the same and to the 
property therein.— P. S., c. 91, § 18, p. 260. 



SCHOOL BOARD, TEACHERS, ETC. 



51 



CHAPTER V. 



SCHOOL BOARD, TEACHERS, AND TRUANT OFFICERS. 



THE SCHOOL BOARD, TEACHERS, ETC. 



Section 



Board to provide schools. 

To hire teachers. 

May dismiss teachers, when. 

Teacher to receive no pay for 
services rendered after dismis- 
sal. 

Rules and regulations to be pre- 
scribed by the board. 

Branches of study prescribed. 

Free text-books. 

Text-books to continue in use, 
how long. 

Changes of text-books. 

School boards to furnish registers 
and visit schools. 

Teacher to return the register, 
when. 



Section 



12. 



11. 



School board to make report 
annually. 

School boards shall send reports 
to superintendent of public in- 
struction. 

Penalty for neglect. 



TRUANT OFFICERS. 

15. School boards may appoint truant 

officers. 

16. Tenure of office. 

17. Duties in regard to truants. 

18. Duties in regard to children in 

manufacturing establishments. 

MISCELLANEOUS PROVISIONS. 

19. Compensation of school board. 

20. School day, etc., what. 

21. Teachers may attend institutes. 



THE SCHOOL BOARD, TEACHERS, ETC. 

§ 1. Board to provide schools. The school board of every 
district shall provide schools at such places within the dis- 
trict, and at such times in each year, as will best subserve the 
interests of education, and will give to all the scholars of the 
district as nearly equal advantages as may be practicable. 
They may use a portion of the school-money, not exceeding 
twenty-five per cent., for the purpose of conveying scholars 
to and from the schools. — P. S., c. 92, § 1, p. 260. 

§ 2. To hire teachers. The school board shall select and 
hire suitable and competent teachers, shall provide neces- 
sary fuel, and shall make such occasional repairs of the 
school-houses and furniture as may be necessary, not exceed- 
ing in cost five per cent, of the school-money. — P. S., c. 92, 
§ 2, p. 260. 

In some of the larger towns and cities, teachers are hired on trial for a limit- 
ed time to test their fitness for the work of teaching, but where they are to be 
employed for a single term only, the board, if not otherwise informed, should 
subject candidates to a suitable examination, that they may be assured of their 
competency to teach and govern the school to which they are to be assigned. 



52 SCHOOL BOARD, TEACHERS, ETC. 

The school board are the trustees of the district, and as such hold its funds, 
and cannot hire themselves to teach, or otherwise contract with themselves.— 
See Fisher v. Concord Railroad, 50 N. H. 205. 

It is the duty, also, of the school board, when a copy of an execution against 
the district is left with them, to pay the same, or call a meeting of the voters 
of the district, at which meeting they shall vote to raise the necessary sum to 
satisfy said execution and the officer's fees thereon ; and the clerk of the dis- 
trict shall certif y the same to the selectmen, who shall assess a tax for said 
sum, and deliver to the collector their warrant for the collection thereof. The 
tax shall be collected within thirtv days, and applied in satisfaction of the exe- 
cution.— P. S., c. 234, §§ 5, 6, 7, p. 645. 

§ 3. May dismiss teacher, when. They shall dismiss any 
teacher found by them to be unfit to teach, or whose ser- 
vices are unprofitable to the school, or who shall not conform 
to the regulations by them prescribed ; and every contract 
for the hire of a teacher, however expressed, shall be taken 
to be subject to these conditions. — P. S., c. 92, § 3, p. 261. 

§ 4. Teacher not to recover pay, when. No teacher shall 
recover pay for services rendered after notice of dismissal. — 
P. S., c. 92, § 4, p. 261. 

The order of dismissal may be, — 

Whereas, the services of , employed as a teacher in this 

school-district, are found by us to be unprofitable to the district [or, 

is found by us unfit to teach ; or, does not conform 

to the regulations prescribed by us], said teacher is hereby dismissed. 

Witness our hands, at , this day of ,18 . 

School Board 
of 



The clerk of the district should make a record, and certify it as follows : 
Keceived and recorded ,18 , at . . o'clock in the . . . noon. 

A true record. Attest : 

Clerk. 

The filing upon the order may be, — 
Received and recorded ,18 . 

By me, 

Clerk. 

The notice to the teacher may be, — 



SCHOOL BOARD, TEACHERS, ETC. 53 

To , a teacher in the school-district in the town of : 

You are hereby notified that you have this day been dismissed. 

Witness our hands, at said , this day of ,18 . 

) School Board 

} of 



The certificate of service may be, — 

I certify, that on the day of ,18 ,1 gave the within named 

[or, I left at the abode of the within named ] the 

original notice of which the within is a true copy. 



H ss ,18 . 

Then appeared and made oath that the above certificate, 

signed by him, is true. 

Before me, 

Justice of the Peace. 

The original should be served ; and the copy and return may be recorded 
by the clerk of the district. 

§ 5. Board may prescribe regulations. The school board 
may prescribe regulations for the attendance upon, and for 
the management, studies, classification and discipline of, the 
schools ; and such regulations, when recorded by the district 
clerk and a copy thereof has been given to the teachers and 
read in the schools, shall be binding upon scholars and 
teachers.— P. S., c. 92, § 5, p. 261. 

The form of school regulations may be, — 



SCHOOL REGULATIONS IN THE TOWN OF, 



1. Scholars may be required to build the fires, keep the rooms at a 
suitable temperature, sweep, and keep them clean. 

2. Scholars shall be answerable for all misconduct during school 
hours, in going to and returning from school, and for all acts which 
have a direct and immediate tendency to injure the school and subvert 
the authority of the teachers. 

3. The advanced classes shall have written exercises in spelling 
each day. 

4. Essays, declamations, or recitations shall be required of the most 
advanced classes as often as once in two weeks. 

5. No scholar shall pursue more than three studies at the same time, 
aside from reading and spelling. 



54 



SCHOOL BOAKD, TEACHERS, ETC. 



6. No child under the age of five years shall attend any school. 

7. Teachers shall prescribe such rules for the use of the school yards 
and outbuildings as shall insure their being kept in a neat and proper 
condition. 

8. Instruction shall be given in physiology and hygiene, with special 
reference to the effects of alcoholic stimulants and narcotics upon the 
human system, in all schools above primary. 

9. All schools shall have a recess of at least fifteen minutes in the 
forenoon and afternoon. 



Witness our hands, at 



this day of , 18 



School Board. 



Received and recorded, 
A true record. Attest: 

The filing may be, — 
Received and recorded, 



,18 , at . . o'clock in the noon. 



Town-Clerk. 



.,18 , by me, 



Town-Clerk. 



The school board may determine the vacations.— School District v. Lowd, 
12 Gray 61. 

Ordinarily the supervision and control of the teacher over the pupil extends 
from the time he leaves home to go to school till he returns. 

Though a school-master has, in general, no right to punish a pupil for mis- 
conduct committed after the dismissal of school for the day and the return of 
the pupil to his home, yet he may, on the pupil's return to school, punish him 
for any misbehavior, though committed out of school, which has a direct and 
immediate tendency to injure the school and to subvert the master's authority. 
— Lander v. Seaver, 32 Vermont 114. 

A requirement by the teacher of a district school, that the scholars in gram- 
mar shall write English compositions, is a reasonable one.— Guernsey v. Pitkin, 
32 Vt, 224. 

§6. Board shall prescribe branches of study. They shall 
prescribe in all mixed schools, and in all graded schools 
above primary, the study of physiology and hygiene, having 
special reference to the effects of alcoholic stimulants and of 
narcotics upon the human system, and may permit or pre- 
scribe the study of algebra, geometry, surveying, book-keep- 
ing, philosophy, chemistry, and natural history, or any of 
them, and other suitable studies. — P. S., c. 92, § 6, p. 261. 

§ 7. Free text-books. They shall purchase, at the ex- 
pense of the city or town in which the district is situated, 



SCHOOL BOARD, TEACHERS, ETC. 55 

text-books and other supplies required for use in the public 
schools; and shall loan the same to the pupils of such 
schools free of charge, subject to such regulations for their 
care and custod}^ as the school board may prescribe. — P. S., 
c. 92, § 7, p. 261. 

§ 8. Text-books to continue in use, how long. Every text- 
book, or series of text-books on one subject, shall continue in 
use for at least five years from the time of its introduction, 
unless an unreasonable price shall be charged for the same, 
during which time no other text-book on the same subject 
shall be used, except that one or more series of readers may 
be used for supplementary reading. — P. S., c. 92, § 8, p. 261. 

§ 9. Changes of text-books. The school board may an- 
nually change one text-book or one series of text-books on 
the same subject, in each grade of schools, which has been 
in use five years; but no book shall be introduced calculated 
to favor any particular religious sect or political party. — 
P. S, c. 92, § 9, p. 261. 

§ 10. Board to furnish registers. They shall furnish to 
every teacher one of the blank registers provided by the 
superintendent of public instruction, and shall visit and 
examine each school in their district at least twice in each 
term, once near the beginning and once near the close 
thereof.— P. S., c. 92, § 10, p. 261. 

§ 11. Teacher to return register. . Every teacher shall 
make the entries in the register required by the superin- 
tendent of public instruction, and at the close of the term shall 
return the register to the school board. Twenty dollars of 
the wages of every teacher shall be withheld until he has 
made such return. — P. S., c. 92, § 11, p. 262. 

§ 12. Board to make annual report. School boards shall 
file with the selectmen, on or before the first day of March 



56 



SCHOOL BOARD, TE AC HE US, ETC. 



in each year, their reports to their respective districts, stat- 
ing the number of weeks the public schools have been kept 
in their districts in summer and winter, and what portion by 
male and what by female teachers; the number of scholars 
who have attended each school ; the number who have 
attended to each study ; the number of scholars of their dis- 
tricts not less than five years of age who have attended the 
public schools in their districts not less than two weeks 
during the year ; and containing such suggestions relative to 
the schools as thay may think useful. School boards of town 
districts shall also include in their reports a statement of 
the number of children of each sex reported by the select- 
men or assessors; the number of each sex between the ages 
of five and fifteen years who have not attended school; the 
number of scholars not less than five years of age who have 
attended the district schools in the town not less than two 
weeks during the year, and the number of persons in each 
district between the ages of fourteen and twenty-one years 
who cannot read and write — P. S., c. 92, § 12, p. 262. 

The school board, in making their annual report, will find it convenient to 
make tables, as part of this report, somewhat after the following forms. Other 
columns may be added, as,— wages of teachers, number of scholars in each 
class, etc. 

TABLE NO. 1. 









,_ 


=M 


, 


, 


■ 


<» 




o 


c 





A 


a 


■d 


1 




o 


Fh 






ca 


3 




o 


42 

a as 


<A 


bC 


+3 


S- o 
°o 




o 




O 


0* 


c3 


a o 


a 


a 


g-S 


o-s 


II 


as 

s a 




fc 


H 


fc 


hJ 


fe 


* 


< 




Summer. 


Miss A. B. 












School No. 1. 
















Winter. 


Mr. C. D. 














Summer. 


Miss E. F. 












School No. 2. 
















Winter. 


. .Mr. G. H. 













* Similar columns for other branches. 



SCHOOL BOARD, TEACHERS, ETC. 57 

TABLE NO. 2. 



Number of scholars not less than 5 years of age who have attended 
public school not less than 2 weeks 



Number of persons between 14 and 21 unable to read and write,. 



Number of children reported by selectmen or assessors. 



Male. 



Female. 



Male. 



Number of children between 5 and 15 not attending school 



Female. 



Number of visits by school board . 



Number of visits by citizens. 



Money raised by law 



Literary and railroad fund. 



Dog-monej^ 



§ 13. Board shall send report to superintendent of public 
instruction. School boards shall, on or before the first day 
of April in each year, send to the superintendent of public 
instruction copies of their annual reports and answers to the 
questions proposed by him relating to the schools in their 
districts.— P. S., c. 92, § 13, p. 2(32. 

§ 14. Penalty for neglect. Any member of a school board 
who shall neglect or refuse to comply with the provisions of 
the preceding section shall be fined not exceeding fifty 
dollars.— P. S., c. 92, § 14, p. 262. 

TRUANT OFFICERS. 

§ 15. Truant officers may be appointed. School boards 
are authorized to appoint truant officers for their districts, 
and to fix their compensation at a reasonable rate, which 
compensation shall be paid by the towns. — P. S., c. 92, § 
15, p. 262. 

§ 16. Tenure of office. Truant officers shall hold office 
for one year and until their successors shall be appointed, 

3* 



58 SCHOOL BOARD, TEACHERS, ETC. 

but they may be removed by the school board at any time 
for cause.— P. S., c. 92, § 16, p. 262. 

§17. Duties in regard to truants. Truant officers shall, 
under the direction of the school board, enforce the laws 
and regulations relating to truants, and children between the 
ages of six and sixteen years not attending school and 
without any regular and lawful occupation. — P. S., c. 92, § 
17, p. 262. 

§ 18. Duties in regard to children in manufactories. Tru- 
ant officers shall, if required by the school board, enforce 
the laws prohibiting the employment of children in manu- 
facturing establishments who have not attended school the 
prescribed time.— P. S., c. 92, § 18, p. 262. 

MISCELLANEOUS PROVISIONS. 

§ 19. Compensation of school board. The school board, 
upon satisfying the selectmen that they have attended to 
the duties and made the reports by law required, shall be 
paid such reasonable compensation as the town or selectmen 
may determine.— P. S., c. 92, § 19, p. 263. 

§ 20. School day, etc. In the absence of express con- 
tract, a session of three hours in the forenoon and three 
hours in the afternoon shall constitute a school day, five 
such days a school week, and four such weeks a school 
month, in the public schools. — P. S., c. 92, § 20, p. 263. 

§ 21. Teachers may attend institutes. Teachers of pub- 
lic schools may attend teachers' institutes held within the 
state, as provided by law, not exceeding three days in any 
term or five days in any year, and the time so spent shall 
be regarded as spent in the service of the district ; and 
school boards shall allow teachers to close their schools for 
that purpose.— P. S., c. 92, § 21, p. 263. 



SCHOLARS. 59 

CHAPTER VI. 

SCHOLARS. 



Section 

1. Scholar not to attend where not 

a resident without leave. 

2. Children not to attend school un- 

less vaccinated. 

3. May be dismissed for misconduct. 

4. To attend where assigned. 

5. Penalty for attending without 

right. 

6. District may make by-laws as to 

truants. 

7. Offenders against by-laws, how 

punished. 

8. Fine may be remitted, etc. 

9. May attend school upon giving 

bond for good behavior. 
10. Children under ten not to be em- 
ployed in manufacturing estab- 
lishments. 



Section 

11. Children under sixteen who can- 

not read and write may be so 
employed, when. 

12. Other provisions as to employ- 

ment of children in such estab- 
lishments. 

13. Penalties in such cases for viola- 

tions of the statutes. 

14. Parents required to send chil- 

dren to school. 

15. Penalty for non-compliance. 

16. Schoof boards to furnish copy of 

law in certain cases. 

17. Persons disturbing school, how 

punished. 

18. School board to prosecute of- 

fenders. 

19. Limitation of prosecutions. 



§ 1. Non-resident not to attend without leave. No per- 
son shall attend school, or send a scholar to the school, in 
any district of which he is not an inhabitant, without the 
consent of the district or of the school board. — P. S., c. 93, 
§ 1, p. 263. 

Residence in the district must be bona fide, and not fraudulent, or for the 
purpose of obtaining schooling by evasion of the statute. — District v. Bragdon, 
23 N. H. 507. 

The minor children of paupers, supported at a county poor-farm, have the 
right to attend the public school in the district in which such county farm is 
located.— District v. Pollard, 55 N. H. 503. 

Residence there for the purpose of schooling is not the residence declared 
essential for taxation, or the exercise of the right of suffrage.— lb., p. 504. 

§ 2. Children not to attend unless vaccinated. No child 
shall attend any public school unless he has been vaccinated 
or has had the small-pox.— P. S., c. 93, § 2, p. 263. 

§3. May be dismissed for misconduct. Any scholar may 
be dismissed from school by the school board for gross mis- 
conduct, or for neglect or refusal to conform to the reason- 
able rules of the school; and he shall not attend the school 
until restored by the school board. — P. S., c. 93, § 3, p. 263. 

Scholars may also be dismissed for misconduct out of school and school 
hours, if of a tendency to injure the school.— Sherman v. Charlestown, 8 Cush. 
160 ; Lander v. Seaver, 32 Vt. 114. 



60 SCHOLARS. 



The power of expulsion vested in the school committee does not take from 
the master the right to use force, if necessary, to maintain his authority ; and 
he may call upon others to assist him.— Stevens v. Fassett, 27 Me. 266. 

As to the power of a teacher to punish a pupil for misconduct out of school 
hours, the supreme court, in the case of Lander v. Seaver, lay down the general 
rule as follows: 

" It is conceded that his [the teacher's] right to punish extends to school 
hours ; and there seems to be no reasonable doubt that the supervision and 
control of the master over the scholar extend fronrthe time he leaves home to 
go to school till he returns home from school. Acts done to deface or injure the 
school-room, to destroy the books of scholars, or the books or apparatus for 
instruction, or the instruments of punishment of the master ; language used to 
other scholars to stir up disorder and insubordination, to heap odium and 
disgrace upon the master ; writings and pictures placed so as to suggest evil 
and corrupt language, images, and thoughts to the youth who must frequent 
the school,— all such or similar acts tend directly to impair the usefulness of 
the school, the welfare of the scholars, and the welfare of the master, and if 
committed after the dismissal of the school for the day, and the return of the 
pupil to his home, yet he may, on the pupil's return to school, punish him for 
any misbehavior, though committed out of school, which has a direct and 
immediate tendency to injure the school and subvert the master's authority." 

A teacher may enforce discipline by the imposition of reasonable corporeal 
punishment. He' may determine when' and to what extent punishment is neces- 
sary ; and he is not liable for error in judgment, when he has acted in good 
faith and without malice. — Heritage v. Dodge, 64 N. H. 297. 

When a person over twenty-one years of age attends as a scholar, the 
teacher has the same authority over him as over the others.— Stevens v. Fas- 
sett, 27 Me. 266. 

A requirement by the teacher of a district school, that scholars in grammar 
shall write English compositions, is a reasonable one, and if the scholar refuse 
he may be expelled.— Guernsey v. Pitkin, 32 Vt. 224. 

The rules and regulations for the management and discipline of the schools 
are required to be recorded by the town-clerk, in accordance with the pro- 
visions of chapter 89, section 10, of the General Laws. Whether or not the 
school board would have authority to dismiss a scholar for violation of any 
rule not recorded, has not been decided bj^ the courts of this state ; neither has 
the question been decided how much authority a member of the school board 
may exercise in this direction in the absence of any rule. 

In the case of Hodgkins v. Rockport, 105 Mass., it was decided that " The 
school committee has authority not subject to revision, if exercised in good 
faith, to exclude a pupil from a public school for misconduct which injures its 
discipline and management ; and the expulsion of such a pupil from the school 
by a part of the committee, unanimously ratified afterwards by the full com- 
mittee, is not an irregularity in the exercise of the authority."' The court, in 
delivering the opining in this case, said,—" Much of the power of the committee, 
as to the preservation of order and discipline, must necessarily be delegated 
to its different members and the teachers, and must be exercised without any 
vote or record. We have no doubt that they may send a scholar out of school, 
if the exigencies of the case require it, subject to the future action of the 
committee." 

In the case of Russell v. Linnfield, 116 Mass. 365, where one member of the 
school committee of a town made a rule which was subsequently assented to 
by the other members of the committee, and for a violation of the rule a 
scholar was excluded from the school, it was held that the scholar was not 
unlawfully excluded, although there was no record made of the order of the 
committee. In this case the court said,— "The 'school committee are required 
to have the general charge and superintendence of all the public schools in 
town, and to keep a record of their votes, orders, and proceedings. But this 
does not imply that all rules and orders required for the discipline and good 
conduct of the schools shall be matter of record with the committee, or that 
every act in regard to the management of each school in these respects should 
be authorized or confirmed by formal vote. It would be practically impossible 
sufficiently to provide for such matter by a system of rules, however carefully 
prepared and promulgated. Much must necessarily be left to the individual 
members of the committee, and to the teachers of the several schools." 

In the case of State v. Burton, 45 Wis. 150, it is held that in matters where 
the board of control of public schools have made no regulations for the govern- 
ment of the schools, the teachers stand in loco parentis, and have inherent 
power to suspend pupils for cause. And in the discussion of the case the court 
says,—" In the school, as in the f amity, there exists on the part of the pupils the 



SCHOLARS. 61 

obligations of obedience to lawful commands, subordination, civil deportment, 
respect for the rights of other pupils, and fidelity to duty. These obligations 
are inherent in any proper school system, and constitute, so to speak, the com- 
mon law of the school. Every pupil is presumed to know this law, and is 
subject to it, whether it has of has not been ree'nacted by the district board in 
the form of written rules and regulations. Indeed, it would be impossible to 
frame rules which would cover all cases of insubordination, and all acts of 
vicious tendency, which the teacher is liable to encounter daily and hourly." 

§ 4. To attend where assigned. No scholar who shall 
have been assigned to a particular school by the school 
board shall attend any other school in the district until 
assigned thereto.— P. S., c. 93, § 4, p. 264. 

§ 5. Penalty for attending without right. If any scholar, 
after notice, shall attend or visit a school which he has no 
right to attend, or shall interrupt or disturb the same, he 
shall be fined for the first offence five dollars, and for any 
subsequent offence ten dollars, or be imprisoned not exceed- 
ing thirty days.— P. S., c. 93, § 5, p. 364. 

§ 6. Districts may make by-laws as to truants. Districts 
may make by-laws, not repugnant to law, concerning habit- 
ual truants and children between the ages of six and sixteen 
years not attending school and not having a regular and 
lawful occupation, and to compel the attendance of such 
children at school, and may annex penalties for the breach 
thereof not exceeding ten dollars for each offence. — P. 8., 
c. 93, § 6, p. 264. 

§ 7. Offenders against by-laws, how punished. Any 
offender against such by-laws, upon conviction, may be 
sentenced to pay a fine and to be committed to the Indus- 
trial School until it is paid or he is otherwise discharged, or 
he may be sentenced to the Industrial School for a term not 
exceeding one year. — P. S., c. 93, § 7, p. 264. 

§ 8. Fine may be remitted, etc. The court or justice im- 
posing a fine upon any such offender may remit it upon 
proof that he is unable to pay it, and has no parent, guar- 
dian, or person chargeable with his support able to pay it, 



62 SCHOLARS. 

and may discharge him from the Industrial School if he has 
been committed there for non-payment thereof. — P. S., 
c. 93, § 8, p. 264. 

§ 9. May attend school upon giving bond. Any such 
offender, so convicted, may give bond to the district in the 
penal sum of twenty-five dollars, with sufficient sureties, 
approved by the court or justice before whom he was con- 
victed, conditioned to attend regularly some school kept in 
the district for one term next ensuing, to comply with the 
regulations thereof, and to be obedient and respectful to the 
teacher ; and his fine may thereupon be remitted by such 
court or justice upon payment of the costs. — P. S., c. 93, 
§ 9, p. 264. 

§10. Employment of children in manufactories. No child 
under the age of ten years shall be employed in any manu- 
facturing establishment. — P. S., c. 93, § 10, p. 264. 

§ 11. No child under the age of sixteen years who cannot 
read and write shall be employed in any manufacturing 
establishment during the time the public schools in the dis- 
trict in which he resides are in session. — P. S., c. 93, § 11, 
p. 264. 

§ 12. Children not included under the provisions of the 
preceding section shall not be employed in a manufacturing 
establishment unless they shall first furnish to the person 
proposing to employ them a certificate of the school board 
of the district in which they reside that they have attended 
some public or private day school in which the common 
English branches are taught during the preceding year, as 
follows : If under sixteen and over fourteen years of age, 
twelve weeks ; if under fourteen and over twelve years of 
age, six months, or such part thereof as the schools in the 
district in which they reside were in session ; and if under 



SCHOLARS. 63 

twelve and over ten years of age, the whole time the schools 
were in session in such district. — P. S., c. 93, § 12, p. 264. 

§ 13. Penalty. If any owner, agent, superintendent, or 
overseer of a manufacturing establishment shall employ any 
child in violation of the provisions of either of the three 
preceding sections, he shall be fined not exceeding fifty 
dollars for each offence, for the use of the district. — P. S., 
c. 93, § 13, p. 264. 

§ 14. Parents required to send children to school. Every 
person having the custody and control of a child between 
the ages of eight and sixteen years, residing in a school- 
district in which a public school is annually taught, shall 
cause such child to attend the public school for twelve weeks 
at least in every year, six weeks at least of which shall be 
consecutive, unless the child shall be excused by the school 
board of the district because his physical or mental condition 
was such as to prevent his attendance at school for the 
period required, or because he was instructed in a private 
school for at least twelve weeks during the year in the 
common English branches, or, having acquired those 
branches, in other more advanced studies. — P. S., c. 93, 
§ 14, p. 265. 

§ 15. Penalty. Any person who does not comply with 
the requirements of the preceding section shall forfeit ten 
dollars for the first offence and twenty dollars for every 
subsequent offence, for the use of the district. — P. S., c. 93, 
§ 15, p. 265. 

§ 16. School board to furnish copy of law. The school 
board of every district shall cause a copy of the two preced- 
ing sections to be sent to every person who they have reason 
to believe does not comply with the requirements of section 
fourteen of this chapter. — P. S., c. 93, § 16, p. 265. 



64 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



§ 17. Persons disturbing schools, how punished. Any 
person, not a scholar, who shall wilfully interrupt or disturb 
any school, shall be punished by a fine not exceeding fifty 
dollars, or by imprisonment not exceeding thirty days. — 
P. S., c. 93, § 17, p. 265. 

§ 18. School board to prosecute offenders. It shall be 
the duty of the school board to prosecute offenders for 
violations of the provisions of this chapter. If they neglect 
to perform this duty they shall forfeit twenty dollars for 
each neglect, for the use of the district, to be recovered in 
the name of the district by the selectmen of the town. All 
necessary expenses incurred in such proceedings shall be 
paid by the district.— P. S., c. 93, § 18, p. 265. 

§19. Limitation of prosecutions. No prosecution under 
this chapter shall be sustained unless begun within one year 
after the offence is committed. — P. S., c. 93, § 19, p. 265. 



CHAPTER VII. 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Section 

1. Superintendent, how appointed ; 

tenure of office. 

2. His duties defined. 

3. To visit and lecture in towns. 

4. To organize and hold teachers' 

institutes. 

5. To appoint suitable person to 

attend in case he cannot. 



Section 

6. Expense of institutes provided 

for. 

7. How paid. 

8. His accounts audited, how. 

9. To send copy of his report to 

school boards. 
10. Clerical expenses provided for. 



§ 1. How appointed; tenure of office. The governor, 
with advice of counsel, shall appoint a superintendent of 
public instruction, who shall hold office for the term of two 
years, and shall have general supervision and control of the 
educational interests of the state. — P. S., c. 94, § 1, p. 265. 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 65 

§ 2. Duties. The superintendent of public instruction 
shall prescribe the form of register to be kept in the schools, 
and the form of blanks and inquiries for the returns to be 
made by the school boards, and shall seasonably send the 
same to the clerks of the several towns and cities for the use 
of the school boards therein ; he shall receive, preserve, or 
distribute all state documents in regard to public schools, or 
education, and shall receive and arrange in his office reports 
and returns of school boards ; he shall investigate the con. 
dition and efficiency of the system of popular education in 
the state, and shall pursue such a course for the purpose of 
awakening and guiding public sentiment in relation thereto 
as may seem to him best, and he shall annually make a 
report, containing a concise abstract of the returns of the 
school boards, a detailed report of his own doings, a state- 
ment of the condition and progress of popular education in 
the state, and such suggestions and recommendations in 
regard to improving the same as his information and judg- 
ment may dictate.— P. S., c. 94, § 2, p. 266. 

It is also the duty of the superintendent of public instruction, in the annual 
report, to state the condition of the state normal school, the terms of admis- 
sion and graduation, the times of the commencement and close of the sessions ; 
and to cause the same to be printed on the cover of the school register. 

§ 3. To visit and lecture in towns. He shall visit and 
lecture upon educational subjects in as many towns and 
cities of the state during the term of his office as the time 
occupied by his other official duties will permit. — P. S., 
c. 94, § 3, p. 266. 

§ 4. To hold teachers' institutes. He shall organize, 
superintend, and hold at least one teachers' institute each 
year in each county of the state, and appoint the time and 
place, and make suitable arrangements therefor. — P. S., 
c. 94, § 4, p. 266. 



66 SUPERINTENDENT OF PUBLIC INSTRUCTION. 

§ 5. To appoint suitable person to attend in case he 
cannot. In case he is unable for any cause to conduct in 
person any institute, or make the necessary arrangements 
therefor, he shall appoint the principal of the state normal 
school, or some other suitable person, for that purpose. — 
P. S., c. 94, § 5, p. 566. 

§ 6. Expense of institutes. The state treasurer is author- 
ized and instructed to invest, as a permanent institute fund, 
the proceeds of the sale of the state lands effected under the 
authority of a joint resolution approved June 28, 1867, and 
the annual income thereof is set apart for the support of 
teachers' institutes. — P. S., c. 94, § 6, p. 266. 

§ 7. How paid. The superintendent of public instruction 
may draw upon the state treasurer each year for such part 
of said income as may be required to defray the necessary 
expenses of the institutes, and for procuring suitable in- 
struction and lecturers for the same. — P. S., c. 94, § 7, p. 266. 

§ 8. Accounts, how audited. His account for the expense's 
of the institutes shall be audited each year by the gov- 
ernor and council, and he shall incorporate in his annual 
report a report of the institutes, and of the expenses of the 
same.— P. S., c. 94, § 8, p. 266. 

§ 9. To send copy of his report to school board. He shall 
forward to the chairman of every school board in the state a 
copy of each of his annual reports. — P. S., c. 94, § 9, p. 266. 

§10. Clerical expenses. The sum of five hundred dollars, 
or such part thereof as may be needed, is annually appro- 
priated for clerical expenses of this department. — P. S., 
c. 94, § 10, p. 266. 



NEW HAMPSHIRE STATE NORMAL SCHOOL. 67 

CHAPTER VIII. 

NEW HAMPSHIRE STATE NORMAL SCHOOL. 



Section 

8. Annual appropriation, and by 

whom expended. 

9. Normal teachers to assist at in- 

stitutes. 
10. Superintendent of public instruc- 
tion to report condition of 
schools. 



Section 

1. Normal school, its object. 

2. Trustees of school, and tenure of 

office. 

3. How organized. 

4. To employ principal of school. 

5. Courses of study. 

6. Admission and graduation. 

7. Tuition free, in what cases. 

§ 1. Normal school, its object. The New Hampshire 
State Normal School, as heretofore established and located, 
is continued. The instruction in the school shall be confined 
to such branches as will specially prepare the pupils to teach 
in the public schools, and to such other branches as are usually 
taught in normal schools. The school shall be in session at 
least twenty weeks in each year. — P. S., c. 95, § 1, p. 267. 

§ 2. Trustees of; tenure of office. The management of 
the school shall be vested in the board of trustees composed 
of the governor, the superintendent of public instruction, 
and five other persons, who shall be appointed by the gov- 
ernor, with the advice of the council, and shall hold office 
for two years.— P. S., c. 95, § 2, p. 267. 

§ 3. How organized. The board shall choose from its 
members a president and secretary, and such committees 
and other officers as may be necessary to transact its busi- 
ness, and may choose a treasurer who is not a member of 
the board. They shall meet at least once each year and 
shall receive no compensation for services, but shall be paid 
their reasonable expenses while engaged in the performance 
of their duties.— P. S., c. 95, § 3, p. 267. 

§ 4. Principal and assistants. They shall select and em- 
ploy a principal teacher for the school, who shall be allowed, 
with their advice and consent, to select the assistants and pro- 
vide for the discipline of the school. — P. S., c. 95, § 4, p. 267. 



68 NEW HAMPSHIRE STATE NORMAL SCHOOL. 

§ 5. Courses of study. The trustees, with the principal, 
shall arrange courses of study for the school. — P. S., c. 95, 

§5, p. 267." 

§ 6. Admission and graduation. The trustees and prin- 
cipal shall prescribe and control the examinations for the 
admission and graduation of pupils, and they shall grant 
certificates of graduation to such as complete either course 
and pass the required examinations. — P. S., 95, § 4, p. 267. 

§ 7. Tuition free, when. Tuition and graduation shall be 
free to all those completing either course of study, who will 
agree to teach in the public schools of this state for a period 
equal to the length of such course. The trustees shall make 
such provisions as may be necessary to effect the purposes 
of this section.— P. S., c. 95, § 7, p. 267. 

§ 8. Annual appropriation and its expenditure. The sum 
of seven thousand dollars is annually appropriated for the 
maintenance of the school, to be expended as the trustees 
shall direct.— P. S., c. 95, § 8, p. 268. 

§ 9. Normal teachers to assist at institutes. The prin- 
cipal and teachers of the state normal school shall assist and 
give instruction at teachers' institutes, so far as they can 
without interfering with their duties in the normal school, 
but they shall receive no additional compensation, except 
for travel and other actual and necessary expenses, while so 
employed.— P. S., c. 95, § 9, p. 268. 

§ 10. Superintendent of public instruction to report con- 
dition of school. The superintendent of public instruction, 
in his annual report, shall state the condition of the school, 
the terms of admission and graduation, the times of the 
commencement and close of the sessions, and shall cause the 
same to be printed on the cover of the school register. — 
P. S., c. 95, § 10, p. 268. 



INDEX. 



PAGE 



ABSENTEES from school, by-laws concerning 61 

ACADEMY, school-district may contract with 14 

ADJOINING DISTKICTS may maintain schools jointly 13 

power of school boards of ±3 

how to share school-money 14 

ANNUAL MEETING, when holden 18 

may be called by justice, when 20 

application to justice 21 

ADJOURNMENT OF HEARING 35 

AGENT, bound by promissory note, when 12 

APPLICATION to school board for special meeting 18 

form of 22 

to justice of the peace to call annual meeting 20 

form of 21 

to justice of the peace to call special meeting 20 

form of 22 

to selectmen to fill vacancy 31 

See PETITION. 

APPOINTMENT to fill vacancies in school-district offices 31 

to fill vacancies in boards 35 

to fill vacancies in board of county commissioners 41 

of superintendent of schools 31 

APPORTIONMENT of property among parts of dissolved districts 

in two or more towns 15 

APPRAISAL of damages to land-owner 43 

appeal from 46 

ASSESSMENT of school tax 5 

neglect of selectmen to make ; penalty 7 

of additional money 8 

relief for error in 8 

to pay for money hired 12 

persons and property, where taxed 12 

ASSIGNMENT of school-money 6 

neglect of selectmen to make ; penalty 7 

of ward's tax 7 

ASSESSORS, report of, of children 56 

AUDITOR, cannot be member of school board 26 

duties of 30 

BOOKS. See SCHOOL BOOKS. 

BRANCHES, what to be taught 6 

BY-LAWS concerning truants, may be made 61 



70 INDEX. 

CERTIFICATE of posting warrant 21 

to copy of check-list 25 

of posting notice of hearing, etc 41, 48 

of vote to raise money 28 

CHECK-LIST, to be used, when 23 

form of petition for 24 

to be posted, when and where 24 

form of 24 

how to be corrected 24 

CHILDREN. See SCHOLARS. 

CLERK, eligibility; how elected; to be sworn 26 

tenure of office 26 

duties of 27 

when clerk pro tempore shall be chosen 28 

to act as moderator, when 28 

to report names, etc., of school board to town-clerk; penalty 

for neglect 29 

COLLECTOR, how to collect non-resident taxes assessed after 

July 1 13 

COMMITTEE to locate school-house 32 

powers of , . 34 

report of, forms of 32, 33 

CONVEYANCE of scholars 6, 51 

COUNTY COMMISSIONERS, to locate school-house, when 39 

proceedings before 40 

form of petition to 40 

form of order of 40 

vacancies, how filled 41 

hearing when ; decision how made 42 

form of final order of 42 

how paid 43 

may enlarge school-house lot, when 43 

DAMAGES to land-owner, appraisal of 43 

appeal of land-owner 46 

land shall vest in the district, when 46 

DAY, a school 58 

DEBTS, district may raise money to pay 11 

DISMISSAL from school for misconduct 59 

DISSOLUTION of special districts 14 

DISQUALIFICATIONS of boards, committees, etc 35 

DISTRICT. See SCHOOL-DISTRICT. 

DOG TAX 9 

EXECUTION, payment of 52 

FORM of application to justice to call annual meeting 21 

to school board for special meeting 22 

to justice for special meeting 22 

to selectmen to fill vacancy in district office 31 

of appoinment to fill vacancy in district office 31 

to fill vacancy caused by disqualification 35 

by supreme court to fill vacancy 36 

to fill vacancy in board of county commissioners 41 

of article in warrant to raise money 11 

to establish high school 13 



INDEX. 7 1 

FORM of certificate of posting warrant 21 

to check-list 24 

to copy of check-list 25 

to supreme court, to iill vacancy 36 

of check-list 24 

of vote of school-district 12 

of notice to teacher dismissed 53 

of oath of office 27 

of order of notice on petition to school board by voters ag- 
grieved by location of school-house 37 

final, upon such petition 37 

final, upon petition to locate school-house 39 

of notice on petition to commissioners by voters ag- 
grieved by location of school-house 40 

final, upon such petition 42 

of notice on petition to selectmen in case district neg- 
lects to procure lot 44 

in case owner refuses to sell 45 

final, on such petitions 46 

of notice on petition to selectmen if district neglects to 

build school-house 47 

final order on such petition 48 

final, on petition to selectmen where district neglects 

to repair or remove school-house 49 

for dismissal of teacher 52 

of petition for check-list 24 

to school board by voters aggrieved by location of 

school-house 37 

to school board to locate school-house 38 

to county commissioners by voters aggrieved by loca- 
tion of school-house 40 

to fill vacancy in board of commissioners 41 

to selectmen in case district neglects to procure lot 44 

in case owner refuses to sell 45 

to selectmen if district neglects to build school-house. 47 

if district refuses to repair or remove 49 

of record of vote to establish high school 13 

meeting 28 

of report of committee to locate school-house 33 

of school board 56 

of school regulations 53 

of vote to establish high school 13 

to raise money 28, 29 

to locate school-house 32 

appointing committee to locate school-house 32, 33 

to adopt report of committee 34 

of warrant for annual meeting 20 

for special meeting 22 

FUEL, how provided 6, 51 

FURNITURE, how provided 6, 11 

HEARINGS, provisions relating to 34 

HIGH SCHOOL, may be established 13 

may be maintained by adjoining districts 13 

school board of district maintaining 26 



72 INDEX. 

ILLEGAL VOTING, how punished 25 

INDUSTRIAL SCHOOL, truants may he sent to 61 

INSTITUTES, teachers' 56 

expenses of (50 

normal teachers to assist at 68 

teachers may attend 58 

JOINT DISTRICTS 13 

power of school boards of 13 

how to share school-money 14 

JUDGMENTS, against district, tax-payers not bound by 11 

payment of 52 

JUSTICE of the peace, to warn annual meeting, when 20 

to warn special meeting, when 20 

to cause copy of warrant to be posted 20 

LIMITATION of prosecutions 64 

LITERARY fund, defined 8 

how assigned 8 

unincorporated places not to receive, until 9 

how applied 9 

purchase of school apparatus, etc., with 9 

penalty for misapplication 9 

LOCATION of school-houses 32 

MANUFACTORIES, employment of children in, prohibited. . ..58, 02 

penalty 63 

MISCONDUCT, scholars may be dismissed for 59 

MODERATO R , eligibility ; how elected ; to be sworn 26 

tenure of office 26 

powers and duties of 27 

when clerk shall act as 28 

MONTH, school 58 

NON-RESIDENT SCHOLARS, admission of 14 

not to attend without leave 59 

NON-RESIDENT TAXES assessed after July 1, how collected. ... 13 

NORMAL SCHOOL. See STATE NORMAL SCHOOL. 

NOTE, form of 12 

NOTICE. See FORM, of order of notice. 

before appointment of referee 15 

by referee, of hearing 16 

of hearings, generally 34 

of hearings before county commissioners 39 

to teacher, of dismissal 52 

OATH OF OFFICE, form of 27 

OFFICERS of district 25 

eligibility of 26 

how elected ; to be sworn 26 

tenure 26 

form of oath of 27 

vacancies, how filled 30 

truant 57 

superintendent 31 



INDEX. 73 

PARENTS required to send children to school 63 

penalty 63 

PEN" A LTY for neglect of school board to expend money 

according to law 7 

for neglect of selectmen to assess, assign, and pay over school- 
money. 7 

for misapplication of literary fund 9 

for illegal voting 25 

for neglect of clerk to report names of school board to town- 
clerk 20 

for neglect of school board to make report 57 

for attending school without right 61 

for breach of by-laws regarding truants 61 

for violation of laws regarding the employment of children 

in manufactories 63 

for neglect of parents to send children to school 63 

for disturbing school 64 

PETITIONS, proceedings upon 34 

See FORMS. 

PROCEEDINGS in hearings 34 

PUBLIC PLACES, what are 19 

RAILROAD TAX 9 

RECONSIDERATION of vote 11 

RECORDS of dissolved districts, preservation of 17 

REFEREE, appointment of, to make apportionment among parts 

of dissolved districts in two or more towns 15 

apportionment by 15 

REGISTERS, furnished by school board 55 

teacher to return 55 

not to receive part of pay until returned 55 

REGULATIONS, school board may prescribe 53 

REPAIRS 6 

to be made by school board 51 

REPORT, of school board 55 

copies of, to be sent to superintendent of public instruction. 57 

penalty for neglect 57 

forms of, of committee to locate school-house 32, 33 

of superintendent of public instruction.. 65 

copy of, to be sent to school boards GG 

RULES for the government of meetings 27 

SCHOLARS, conveyance of 6, 51 

non-resident, admission of 14, 59 

not to attend unless vaccinated 59 

may be dismissed for misconduct 59 

corporeal punishment of 60 

twenty-one years of age, authority of teacher over (50 

discipline of 60 

to attend where assigned 61 

penalty for attending without right 61 

truants 58, 01 

employment of children in manufactories 58, 62 

penalty 63 

parents required to send children to school 63 

penalty 63 



74 INDEX. 

SCHOOL APPARATUS, district may raise money for 11 

may be purchased with literary fund 9 

SCHOOL BOARD, neglect of, to expend money according to law.. 7 

of joint districts, powers of 13 

may admit non-resident scholars, when 14 

to determine whether there is occasion for special meeting. . 18 

district meetings to be warned by 19 

to cause copy of warrant to be posted 19 

shall make check-list, when 23 

to post check-list 24 

shall correct check-list 24 

eligibility 26 

how elected 26 

to be sworn 26 

tenure of office 26 

of district maintaining high school 26 

member of, cannot be auditor 26 

to fill vacancies 30 

vacancies in, when filled by selectmen 30 

application to, by voters aggrieved by location of school- 
house 34 

to locate school-house, when 38 

may enlarge school-house lot, when 43 

to provide suitable accommodations for schools, when 50 

may grant use of school-house, for what purposes and when. 50 

to provide schools 51 

to hire teachers, etc 51 

may dismiss teachers, when 52 

cannot hire themselves to teach 52 

duty of, when copy of execution is left with them 52 

to prescribe rules and regulations 53 

may determine vacations 54 

power of, to prescribe studies 54 

furnish free text-books 54 

may change text-books, when 55 

to furnish registers; to visit schools 55 

to make annual report 55 

to send copies of report to superintendent of public instruc- 
tion 57 

penalty for neglect 57 

may appoint truant officers and fix their compensation 57 

laws relating to truants to be enforced under their direction. 57 

compensation of 58 

power of, as to discipline of scholars 60 

to send copy of law to parents neglecting to send children to 

school '. 6 

to prosecute offenders 64 

SCHOOL BOOKS, etc., district may raise money for 11 

free ' 54 

to continue in use how long 55 

changes of 55 

SCHOOL DAY, what constitutes 58 

SCHOOL-DISTRICT, may raise additional money 8 

each town shall constitute a single 10 

organized under special acts 10 



INDEX. 75 

SCHOOL-DISTRICT presumed to be legally organized, when 10 

powers of 10 

may appoint agents to pros cute and defend 11 

implied powers of 11 

may hold property in trust for the support oi schools 11 

may raise money, for what purposes 11 

may hire money, for what purpose and how 11 

reconsideration of vote of 11 

tax-payers not bound by judgments against 11 

power of school boards of 13 

may establish high school 13 

adjoining, may maintain schools jointly 13 

joint, how to share school-money 14 

may admit non-resident scholars 14 

may contract with academies, etc 14 

election of superintendent 31 

may locate school-house by vote or committee 32 

vote of, to raise money to pay execution 52 

may grant use of school-house, for what purposes and when. 50 
See SPECIAL DISTRICTS. 
See SCHOOL MEETINGS. 

SCHOOL-DISTRICT MEETINGS. See SCHOOL MEETINGS. . 

SCHOOL-HOUSES, districts may raise money to build, repair, 

etc., procure land for, etc 11 

districts may hire money to build, and how 11 

may be located by vote or committee 32 

form of vote 32 

powers of committee limited 34 

voters aggrieved by location of, may apply to school board. . 34 

forms and procedure 34-38 

school board to locate, when 38 

county commissioners to locate, when 39 

chairman to give notice of hearings, how 39 

vacancies in board, how filled 41 

hearing, when; decision, how made 42 

district to take no steps, etc., while appeal pending 43 

commissioners, how paid 43 

location conclusive, for what time 43 

existing lot, how enlarged 43 

land appraised by selectmen, when 43 

appeal by land-owner 46 

title to vest, when 46 

selectmen to build, when 47 

schools, where kept 50 

use of, may be granted, for what purposes and when 50 

SCHOOL-HOUSE LOT. See SCHOOL-HOUSES. 

SCHOOL MEETINGS, reconsideration of vote of 11 

when holden 18 

special, application for 18 

where held 18 

warrants, by whom issued and what to contain 19 

to contain notice of special subjects, when 19 

when and where to be posted 19 

may be issued by a justice of the peace, when 20 

to be returned to clerk and recorded 20 



76 INDEX. 

SCHOOL MEETINGS, forms of, and of certificates and-record... . 20 

the hour of meeting should he stated 20 

need have no seal 20 

who are voters at 23 

check-list to be used, when 28 

illegal voting, how punished 25 

rules for the government of 27 

SCHOOL-MONEY, amount and assessment of 5 

additional, may he raised by town 6 

how raised at special meetings 6 

how appropriated 6 

how assigned by selectmen 6 

selectmen to draw order on town treasurer 7 

neglect of selectmen to ass. ss, assign, and pay over 7 

neglect of school board to expend ace* tiding to law 7 

district may raise additional . . . 8 

literary fund added to 8 

dog tax '. 9 

railroad tax 9 

how to be shared by joint districts 14 

use of, to convev scholars 51 

See TAX. 

SCHOOL MONTH, what constitutes 58 

SCHOOL REGISTER. See REGISTER, 

SCHOOL REGULATIONS, school board may prescribe 53 

SCHOOL TAX. See SCHOOL-MONEY and TAX. 

SCHOOL TEACHERS. See TEACHERS. 

SCHOOL WEEK, what constitutes 58 

SCHOOLS, where kept 50 

school board to provide 51 

persons disturbing, how punished 04 

See HIGH SCHOOL, STATE NORMAL SCHOOL and other 
titles. 

SELECTMEN, to assess tax 5 

to assign and pay over school-money 6 

should draw order on town treasurer 7 

neglect of, to assess, assign, and pay over school-money 7 

not liable for error in assessment of tax 8 

to assess tax to pay for money hired 12 

to make new invoice, when 12 

appraisal by, upon dissolution of special districts 15 

apportionment of property by, among parts of dissolved dis- 
tricts in two or more towns 15 

to assess tax to adjust apportionment 16 

to fill vacancies in school board, when 30 

to appraise damages to land-owner, when 43 

appeal from appraisal 40 

to build school-house, when 47 

to assess tax to pay execution, when 52 

SEMINARY, school-district may contract with 14 

SPECIAL DISTRICTS, how dissolved and united to town district 14 

town district to take possession of school property in such case 14 

rights in property, how equalized 15 

selectmen to apportion property among parts of dissolved 

districts in two or more towns 15 



INDEX. 77 

SPECIAL DISTRICTS, referee to be appointed in case selectmen 

fail to apportion 15 

notice before appointment of referee 15 

service of such notice 15 

referee to give notice of hearing 16 

tax to adjust apportionment, how assessed 1G 

town district may take property and assess tax in relation 

thereto 16 

dissolved districts may continue, for what purposes 16 

income of trust funds, how used 17 

meetings of dissolved districts 17 

preservation of district records 17 

SPECIAL MEETINGS. See SCHOOL MEETINGS. 

STATE LANDS, proceeds of sale of, to support institutes 66 

STATE NORMAL SCHOOL • • • ■ 67 

its object 67 

trustees of; tenure of office 67 

how organized 67 

principal and assistants 67 

courses of study 68 

admission and graduation 68 

tuition free, when 68 

appropriation and expenditure 68 

teachers to assist at institutes 68 

superintendent of public instruction to report condition of . . 68 

STUDIES, prescribed by board 54 

SUPERINTENDENT, appointment of : powers of; compensation. . 31 

SUPERINTENDENT OF PUBLIC INSTRUCTION 64 

how appointed ; tenure of office 64 

duties 65 

to visit and lecture in towns 65 

to hold institutes 65 

or appoint substitute 66 

to report condition of normal school 66 

how paid 66 

accounts, how audited 66 

to send copy of report to school board 66 

clerical expenses ()0 

TAX, how assessed 5 

ward's, where assigned 7 

relief for error in assessment of 8 

persons and property, where taxed 12 

new invoice made, when 12 

assessment of, to pay for money hired 12 

non-resident, how collected if assessed after July 1 13 

payers not bound by judgments against district 11 

See DOG TAX, RAILROAD TAX, SCHOOL-MONEY. 

TEACHERS, to be hired by school board 51 

examination of 51 

school board cannot hire themselves as 52 

dismissed, when 52 

contract for hire of, conditional 52 

shall recover no pay after dismissed 52 

authority of, over pupil 54 



78 INDEX. 

TEACHERS, to make entries in register and return it to school 

board 55 

penalty for neglect 55 

may attend institutes 58 

power of, as to discipline and punishments 60 

TEACHERS' INSTITUTES, when and where held 65 

appointment of substitute to conduct 66 

expenses of, how paid 66 

normal teachers to assist at 68 

teachers may attend 58 

TEXT-BOOKS. See SCHOOL BOOKS. 

TIME, how reckoned 19 

TOWN mav raise additional money for schools 6 

TOWN MEETINGS, special, money may be raised at, how 6 

TREASURER, eligibility 26 

election of 26 

tenure of office 26 

to give bond 30 

duties of 30 

TRUANT OFFICERS, appointment of; compensation of 57 

term of office of 57 

duties of 58 

TRUANTS 58, 61 

TRUSTEE, school-district may be, of property held for support of 

schools 11 

TRUST PROPERTY of special district after dissolution 16, 17 

UNINCORPORATED PLACES, not to receive literary fund, until 9 

VACANCY, filled by school board; when filled by selectmen 30 

in boards, etc. , how tilled 35 

in board of commissioners, how filled 41 

VACATIONS, school board may determine 54 

VACCINATION 59 

VOTE, reconsideration of 11 

form of, to establish high school. 13 

to raise money 28, 29 

to locate school-house 32 

to appoint committee to locate school-house 32, 33 

to adopt report of committee 34 

VOTERS, who are 23 

illegal voting, how punished 25 

application of, to school board, for special meeting 18 

form of 22 

to justice, for annual or special meeting 20 

forms of 21, 22 

to selectmen, to fill vacancies in school board 30 

to school board, when aggrieved by location of school- 
house 34 

form of 37 

petition of, to school board, if district does not locate school- 
house 38 

to county commissioners, when aggrieved by location.. 30 
to supreme court, to fill vacancy in board of commis- 
sioners 41 



INDEX. 79 

VOTERS, petition to selectmen, if district neglects to procure lot, 

or owner refuses to sell 43 

if district neglects to build, repair, or designate 47-49 

WARD'S TAX, where assigned 7 

WARRANT, by whom issued and what to contain 19 

to contain notice of special subjects, when 19 

when and where to be posted 19 

may be issued by a justice of the peace, when 19 

to be returned to clerk and recorded 19 

form of, for annual meeting 19 

form of, for special meeting 22 

form of article in, to raise money 11 

form of article in, to establish high school 13 

the hour of meeting should be stated 20 

need have no seal 20 

WEEK, school 58 



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